Health Care Proxies and Living Wills

A Health Care Proxy is a document that can ensure that a person’s medical and personal care decision-making assistance needs will be met in the event that they are ever rendered unable to make such decisions by and for themselves and/or mentally and cognitively incapacitated. Not only does this ensure that a person’s decision-making assistance needs will be met if they were ever rendered in such a state, it can also help to prevent one from becoming the subject of a guardianship proceeding, which can end up being costly for all involved (including, most frequently, the subject of the proceeding his or herself when the Court determines that the appointment of a Guardian is necessary).

Living Wills lay out an individual’s wishes in certain end-of-life situations, including whether that person will continue to receive life-sustaining treatment or for the cessation of such treatment. A Living Will can protect an individual, their loved ones, families and friends from enduring a contest among family members as to what their wishes would be in such a situation. David Smith has been invited to speak with the national media on numerous occasions when certain highly-publicized disputes have arisen among family members in this context, and in most instances, such tragic and unfortunate situations can be avoided if someone has a valid, duly-executed Living Will.