Healthcare Proxy
Also called: medical power of attorney, healthcare agent, patient advocate
Updated June 7, 2026
What the healthcare proxy can and cannot do
Your healthcare proxy steps in only when you lack the capacity to make decisions. They speak for you to doctors and hospitals, consenting to or refusing treatment, requesting records, and making end-of-life decisions if your advance directive does not already specify them. They cannot override a clear advance directive — that document guides them.
Choosing the right person
Your healthcare proxy should be someone who knows your values, can handle medical stress, and will advocate for your wishes even under pressure from other family members or doctors. It does not have to be a relative. Many people name a spouse or adult child; others choose a close friend who they trust to hold firm.
Related terms
- Advance Healthcare Directive — An advance healthcare directive is a legal document that records a person's wishes about medical treatment in the event they become unable to communicate those wishes themselves. It typically covers decisions about life-sustaining treatment, resuscitation, artificial nutrition, and similar interventions. Many states combine this document with a healthcare proxy designation.
- Durable Power of Attorney — A durable power of attorney is a legal document granting an agent authority to handle financial and legal matters on behalf of the principal, with the crucial feature that it remains in effect even if the principal becomes mentally incapacitated. "Durable" is the word that makes it useful for estate and incapacity planning.
- Power of Attorney — A power of attorney is a legal document in which one person (the principal) grants another person (the agent or attorney-in-fact) the authority to act on their behalf in financial and legal matters. A standard power of attorney typically becomes invalid if the principal loses mental capacity — unlike a durable power of attorney, which survives incapacity.
- Letter of Instruction — A letter of instruction is an informal, non-binding document that supplements a will or trust by providing practical guidance the legal documents do not cover — funeral wishes, a list of accounts and passwords, the location of important documents, explanations for unusual bequests, and personal messages to loved ones. Because it is not a legal document, it is flexible and easy to update.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.