Each state has different rules about who becomes the default decision maker (“surrogate”) if a patient does not have a health care proxy that names someone (a “proxy” or “agent”) to make decisions for him or her. In many states, your next of kin can make medical decisions for you; some states allow a “close friend” to be your surrogate. But your surrogate may not be able to decide whether to continue or withhold life-sustaining treatments. Because of their final nature, end-of-life decisions may fall to doctors or hospital administrators.

You should put your wishes in writing because:

• If you do not, your loved ones may have to go through a costly, time-consuming court process to obtain the legal right to make medical and financial decisions for you (“guardianship” or “conservatorship”).

• If no one is designated to make medical and financial decisions, family members may disagree on who should make those decisions and what they should be.

• Someone who does not know you well may be placed in charge of major treatment decisions.

• Informal oral statements are not as useful as written instructions. While it is important to tell your preferences to your doctors and family, such conversations do not have the same legal weight as a written advance directive. (If a person is physically unable to create a document, oral instructions—properly witnessed—will be legally honored).

• It will help your family members make difficult decisions at an emotional time.
  To find out how a health care proxy works, click on the NEXT button.