Health Care Proxy

Through this document, you appoint an agent to make medical decisions in situations where you are unconscious, mentally incapacitated, or otherwise unable to communicate. The agent’s authority begins only when a physician certifies that you are incapable of decision-making.

Your proxy can:

• - Consent to or refuse specific treatments or surgeries

- Access medical records and consult with healthcare professionals

- Decide on life-sustaining measures in accordance with your expressed wishes

Our attorneys ensure that each proxy clearly defines your agent’s powers, scope of authority, and ethical limits under state law.

A living will specifies what medical treatments you do or do not want, while a health care proxy appoints someone to make decisions on your behalf.
Together, they create a complete framework for medical autonomy and legal certainty.
SJKP LLP helps clients integrate both documents into a unified estate and health planning strategy.

Most states allow you to name any competent adult, except your attending physician or facility operator, as your health care proxy. Many individuals choose a spouse, adult child, or trusted friend.
We guide clients in selecting agents who understand their values, can handle medical stress, and are willing to advocate assertively on their behalf.

In most states, a health care proxy must be:

• - Signed by the principal (the person creating it)

- Witnessed by two adults who are not the designated agent

- Executed voluntarily without coercion

SJKP LLP ensures that every proxy we prepare satisfies statutory formalities and can withstand legal scrutiny in hospital, court, or cross-state contexts.

A health care proxy remains effective until revoked. You can revoke or amend it at any time by creating a new document or communicating your intent to revoke in writing.
Our attorneys assist clients in updating proxies after life changes such as marriage, divorce, relocation, or diagnosis of serious illness.

For clients with multiple residences or international ties, we prepare multi-jurisdictional health care directives that meet the requirements of several states or countries, ensuring continuity of authority wherever care is provided.

We advise clients to share copies of their proxy with primary care physicians, hospitals, and family members.
SJKP LLP also assists in registering proxies with healthcare systems to ensure they are available during emergencies.

Occasionally, family members or medical providers may challenge an agent’s authority—especially in emotionally charged end-of-life scenarios.
Our attorneys intervene swiftly to validate the proxy, enforce the principal’s wishes, and prevent unauthorized medical interventions.

Hospitals and nursing facilities must comply with the Patient Self-Determination Act (PSDA), which requires informing patients of their rights to create advance directives.
We counsel healthcare institutions on their legal duties, disclosure requirements, and staff training to avoid regulatory violations and ethical conflicts.

While a health care proxy governs medical decisions, a durable power of attorney manages financial and legal affairs.
SJKP LLP ensures both documents complement each other—avoiding overlap and ensuring continuity in the event of incapacity.

Our attorneys assist clients in drafting advance directives, DNR (Do Not Resuscitate) orders, and ethical wills to clarify their preferences regarding life support, organ donation, and palliative care.
This transparency relieves families from uncertainty and emotional burden during critical decisions.

Legal planning is most effective when supported by communication. We guide clients in discussing their proxy choices with loved ones, ensuring everyone understands their wishes and avoids future conflict.

If no proxy exists, or if the proxy is contested, courts may appoint a guardian to make healthcare decisions.
SJKP LLP represents families and individuals in guardianship petitions, ensuring that the appointed decision-maker reflects the patient’s best interests and prior expressed wishes.

We litigate disputes over forged, revoked, or improperly executed proxies, and defend agents acting in good faith under lawful authority.
Our attorneys also help institutions interpret conflicting directives or unclear documentation.

When life-saving decisions must be made urgently, our firm can obtain expedited court orders validating proxy authority or compelling healthcare providers to honor patient directives.