A few months ago, I facilitated training on Advanced Directives for family caregivers, highlighting the importance of selecting a power of attorney. During the training, a participant asked whether someone could contest a health care proxy.
I thought this was an excellent question, especially since a family member approached me regarding her mother-in-law contesting her as the health care proxy for her husband.
If you find yourself in a similar situation, it's crucial to know that someone can indeed challenge your role as a health care proxy. Typically, a challenge arises from concerns about your decision-making abilities or accusations that you're not following the patient's wishes.
To contest a health care proxy, the individual must usually file a petition and provide evidence supporting their claims, including medical records, witness testimonies, and medical expert opinions.
If your role as a health care proxy is being challenged, here are some actions you can take:
1. Carefully review the health care proxy document to ensure it has been properly executed, confirming that you are designated as the health care proxy.
2. Gather evidence that demonstrates you have acted in good faith on behalf of the patient, such as witness statements.
It is essential to ensure that the health care proxy document is completed and executed properly when making this decision. Additionally, maintaining thorough documentation can help you manage doctor visits and track medical expenses. Using apps can be beneficial; here are a few you might find helpful.
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