Most states will honor a Health Care Proxy from another state. However, if you are a frequent visitor to a certain state, you may want to consider having a Health Care Proxy or another similar document from that state, because not all states have specific legal provisions related to out-of-state directives.

Additionally, there are some states where both a Living Will and a Health Care Proxy may be needed. In this case, the Living Will lists your health care choices while the Health Care Proxy appoints the agent to make decisions on your behalf. Living Wills generally fall under the umbrella of Advance Directives for healthcare, and there is another type of advance directive known as your OLST (Orders for Life Sustaining Treatment). These orders need to be signed by both the patient (you) and doctor.

If you get into an accident or have a medical issue where you cannot communicate your health care wishes and don’t have a legal document spelling out your wishes, the medical facility will get a court order to appoint a guardian to make choices on your behalf. In this case, you could receive treatments you do not want. Further, the court could appoint a stranger if there is conflict among your loved ones as to who should be your agent. So, you could be in the position of getting treatment you do not want approved by a stranger. No one wants that outcome, which is why it is important to have an updated Health Care Proxy and store it in a secure and accessible location, like your Gentreo Digital Family Vault, so that it can be used in a medical crisis.

As with any estate planning document, your Health Care Proxy should be reviewed and updated periodically. You may want or need to change the person who will act as your proxy should their – or your – life circumstances change. In the case where you list your health care choices, you may have a different view of the type of care you want or not want if your life situation changes. For example, you may want life sustaining treatments when you are younger, but as you get older your preferences may change.

Once you are deemed incapable of making your own decisions, you can no longer legally choose a Health Care Proxy. That’s why it is imperative you create your legal documents, choose your representatives, and make known your choices while you have your faculties. Don’t let someone else make your decisions.

Your Health Care Proxy – and all your estate planning documents – should be stored in a digital vault for quick and easy access. If you store your documents in a fire safe under your bed – or even in a safe deposit box – your loved ones probably won’t be able to access them in an emergency. However, if they have access through your shared digital vault, they can access them from anywhere at any time. 

You must be a capable adult of at least 18 years of age to complete a Health Care Proxy. The minimum age requirement for your Health Care Agent, Power of Attorney or Proxy is different for each state, although in most cases, your agent must be at least 18 years old. In some cases, some states also have restrictions depending on whether you are married and/or in the military.