Substitute Health care Decision-Makers

A Substitute Health Care Decision-Maker is a person who is authorized by law to make health care decisions on behalf of another person in particular circumstances.
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About Health care Decision-Making Substitutes

Health Care Agent or POA

When a mentally-competent individual is facing long term healthcare or end-of-life issues, we strongly encourage them to create advance health care directives that would come into effect if they become incompetent. These directives should be regularly reviewed and updated in writing.

An advance health care directive could take the form of a living will, a health care power of attorney, or a combination of the two. Such documents provide guidelines for medical decisions that should be made in the event the individual is no longer able to make decisions on their own behalf.

Health Care Representative

If an individual who needs medical decisions made for them does not have a health care power of attorney and is unable to make their own medical decisions, then a court can appoint a health care representative. This representative can decide what is in the best interest of the person, based on their medical condition and expressed wishes.

A health care agent is appointed in advance to make medical decisions, while a health care representative is appointed to make decisions in the absence of a prior appointment. As an institution, RCFS can be designated by a court to be both. Contact us for more information.

RCFS can be designated by a court as a health care Power of Attorney or as a health care representative. With any legal documentation, RCFS strongly recommends that an attorney always be involved in the creation of binding agreements.

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Our team has extensive experience in trust administration. Contact us for a free consultation.
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