ISSUE #15
Health Care Surrogate

As you plan your affairs, consider naming a trusted family member or friend to make health care decisions for you if you are unable to speak for yourself. If you are ever paralyzed with a stroke, in a coma after a car accident, or a victim of Alzheimer’s disease, you may be unable to make your own medical decisions. Here are some points to keep in mind as you plan for such a situation:

1.Your Health Care Surrogate – You can name your health care surrogate in a legal document called a Health Care Surrogate Designation. In some states, this document is called a Health Care Proxy or a Health Care Power of Attorney. Regardless of its name, this document authorizes your health care surrogate to make medical decisions for you once your physician has determined that you are unable to make your own decisions.

2.Benefits – With a health care surrogate designation, you will have the peace of mind of knowing that a trusted person, who knows you and your values, will be managing your health care according to your wishes. Otherwise, your medical decisions may be made by health care providers, or disputes about your medical decisions may be made by health care providers, or disputes about your care may arise among your family members.

3. Not a Living Will – Do not confuse the health care surrogate designation with the living will. Your living will provides instructions on how you want to be treated, or not treated, if you are in a terminal or end-stage condition. On the other hand, your health care surrogate designation names a trusted surrogate to make health care decisions for you whenever you cannot speak for yourself. You need both documents, although in some states they can be combined into a single document.

4. Selecting Your Surrogate – Select a surrogate who you trust and who knows you well. It is almost always best to select a close family member who can also be counted on to follow your wishes. Discuss this ahead of time with the person you want to name as your surrogate. He or she must willingly accept the responsibility. It is also a good idea to name an alternate surrogate who can step in and serve if your primary surrogate is unable or unwilling to perform the duties.

5. Powers of Your Surrogate – Once your physician has determined and recorded your inability to make your own health care decisions, your surrogate will assume authority for your health care. Your surrogate can consult with your health care providers, review your medical records, authorize or refuse medical treatments, release your medical information, and admit or discharge you from a health care facility. If you regain your ability to make your own decisions, then your surrogate can no longer exercise decision-making for you.

6. Getting Your Document – Hospitals and other health care facilities will provide blank forms for patients who do not have a health care surrogate designation. However, it is often better to plan ahead and ask your attorney to draft one for you. Your attorney can develop a custom document that will reflect your wishes and family circumstances. Your health care surrogate designation remains in effect until you revoke it. You have the right to change or revoke it at any time, as long as you are not mentally incapacitated.

7. Keeping It Available – Once you have your health care surrogate designation, keep the original in a safe place where it can be easily located by your family. Provide a copy to both your physician and your surrogate, who should also have a copy of your living will. When you enter a hospital, bring a copy for your medical record. It is also helpful to carry a small wallet card that lists the name and phone number of your surrogate.

8. Staying Current – Have your health care surrogate designation regularly reviewed by your attorney. Your situation may change, and you may need to name a different surrogate or alternate surrogate. Your state law may also change, which may mean that your health care surrogate designation should be updated as well. Your attorney can make sure your document is kept current.

This publication has been prepared as an educational resource to help the reader identify areas of potential concern. The publisher is not engaged in rendering legal, accounting or other professional services. The information contained in this publication should not be acted upon without first obtaining the advice of a professional adviser. 2004 © Florida Philanthropic Advisors, LLC. Material may not be used without permission.

Our planned giving director, Paul Ditlevson, can be of tremendous service in helping you integrate your giving goals with your overall estate plan. He can also help you prepare to visit your attorney. You can reach Mr. Ditlevson by calling 419-289-5090 or by email to pditlevs@ashland.edu or regular mail at 401 College Avenue, Ashland, OH 44805.