National Healthcare Decisions Day

We want to make you aware that April 16, 2010 is National Healthcare Decisions Day. Despite increased public awareness over the last ten years millions of Americans still do not have health care proxies. We urge all of our friends and clients to join other national, state and community organizations in encouraging everyone to sign a health care proxy for themselves. Beyond signing the document it is just important to communicate with your appointed agent and your family regarding what your wishes are regarding health care decisions. To learn more about this effort, visit www.nationalhealthcaredecisionsday.org.


Health care proxies and living wills are simple estate planning tools that enable all of us to direct how are health care decisions are made in the event we become incapacitated. The absence of these documents can force families to seek guardianships in the probate court. Although this is not the end of the world, going to court means incurring unnecessary legal expense, stress and delays. In addition the health care proxy gives the patient and their family the peace of mind of knowing that their wishes will be honored regarding medical care. For all of us both personally and professionally (for those of us who work in related fields) it is important to keep in mind the important role these documents play. It is critical that we make sure that everyone has advanced directives.

Health care proxies are relatively straight forward documents. In Massachusetts, the proxy must be witnessed by two people. There is no requirement that the document be notarized but we think it is a good idea just in case you need to use it in another State which does have this requirement. In addition to naming your agent it is always a good idea to have an alternate just in case your first choice is not available. Finally, we recommend including a medical directive which describes in broad strokes what your wishes are regarding end of life decisions. Rather than having this in a separate living will which goes into lost of detail, we’ve found over the years that a medical directive in the health care proxy itself works better. A medical directive serves two functions. First, it can serve as a supportive guide to your health care agent helping them make the decision you would want. Second it allows health care providers a means of confirming that an agent is making decisions consistent with the written expressed wish of the patient.


In an effort towards encouraging everyone to have a health care proxy, we are making our firm’s health care proxy forms available. If you wish to download the forms, please go to our website at www.cohenoalican.com to receive a copy of our form. Remember that our form must be witnessed by two people (neither of whom can be the agent or alternate) and notarized.