BHN does not give medical advice, ALWAYS speak with your provider before making medical decisions. Information on this website is for educational purposes only.

What is a Healthcare Proxy?

A healthcare proxy is a legal document that lets you choose someone you trust to make medical decisions for you if you can’t speak for yourself. This article explains what it is, why it matters, and how to complete one.

What is a Healthcare Proxy?

A healthcare proxy is a simple but powerful document that lets you choose someone you trust to make medical decisions if you’re ever unable to speak for yourself.

A healthcare proxy gives your chosen person — often called your healthcare agent — the legal authority to talk with your medical team and make decisions based on your values and preferences. It only goes into effect if you temporarily or permanently lose the ability to communicate or make decisions on your own.

This document helps reduce confusion during stressful moments, ensures your care reflects what matters to you, and gives your providers a clear point of contact. Every adult, regardless of age or health status, benefits from having one in place.

How to choose the right person

Your healthcare agent should be someone who:

  • Knows you well
  • Can stay calm under pressure
  • Understands your values
  • Is comfortable speaking with medical professionals
  • Will follow your wishes, even if they differ from their own

You can choose a family member, partner, or close friend. You do not need to choose a medical professional.

How to complete a healthcare proxy

Each state has its own official form. Most forms are free and easy to complete. In general, the steps include:

  1. Download your state’s official form.
  2. Fill in your information and name your agent.
  3. Name an alternate agent (optional but recommended).
  4. Sign the form. Some states require witnesses; a few require notarization.
  5. Share copies with your agent, family, and healthcare providers.
  6. Bring a copy to medical appointments so it can be added to your record.

Completing a healthcare proxy does not require a lawyer.

How to submit or share your healthcare proxy

Once completed, you can:

  • Give a copy to your primary care provider
  • Upload it to your patient portal if your health system allows
  • Share it with your agent and close family
  • Keep a copy in an easy‑to‑find place at home
  • Bring it with you during hospital visits or procedures

Some states also allow electronic submission through health systems or state registries.

When to update your healthcare proxy

It’s helpful to review your proxy if:

  • Your health changes
  • Your relationships change
  • Your agent moves away or becomes unavailable
  • You want to update your preferences

You can update or replace your proxy at any time.

What happens if I don't have a healthcare proxy?

If you don’t have a healthcare proxy, decisions about your care may be delayed or made by people who don’t fully understand your wishes.

In extreme cases where a decision maker is not apparent, the facility where you are may need to seek a court appointed legal guardian, who may not even know you, to make decisions on your behalf. Court appointed guardians look out for your best interest, but only in general terms, but not necessarily your wishes, because they may be a stranger.

Key takeaways

A healthcare proxy is a simple but powerful document that protects your wishes and helps your care team act quickly and confidently. Choosing someone you trust and completing your state’s form ensures your voice is heard, even if you cannot speak for yourself.

Key Terms and Definitions

These are common terms you’ll see on healthcare proxy forms or hear from medical teams:

  • Healthcare Proxy / Healthcare Agent / Surrogate
    The person you choose to make medical decisions if you cannot.
  • Alternate Agent
    A backup decision‑maker if your primary agent is unavailable.
  • Capacity
    Your ability to understand information and make your own decisions. A proxy is only used when capacity is lost.
  • Advance Directive
    A broader document that may include your healthcare proxy and written preferences for future care.
  • Life‑Sustaining Treatment
    Medical treatments that help keep you alive, such as breathing machines, feeding tubes, or dialysis.
  • Do Not Resuscitate (DNR)
    A medical order indicating you do not want CPR if your heart or breathing stops. (A DNR is not the same as a healthcare proxy.)
  • Durable Power of Attorney (DPOA)
    A legal document that gives someone authority over financial or legal matters. This is separate from a healthcare proxy.

Examples of when a healthcare proxy is used

A routine surgery with unexpected complications

You’re scheduled for a planned procedure. During recovery, you become temporarily unconscious and unable to communicate. Your healthcare agent can speak with your surgical team, understand what’s happening, and make decisions until you wake up.

A sudden medical emergency

You’re in an accident and arrive at the hospital unable to speak. Your agent can immediately step in, talk with the emergency team, and guide decisions based on your values.

A serious illness that affects decision‑making

A medical condition — such as a stroke, severe infection, or advanced dementia — affects your ability to understand information. Your agent can work with your providers to make ongoing decisions that align with your wishes.

References and more resources if you want to learn more

These resources offer state‑specific forms, legal explanations, and additional guidance. They’re also great for fact‑checking or learning more:

  • Your state’s official Health Care Proxy or Advance Directive form
    Every state has its own version — find your states using the BHN Healthcare Proxy Tool
  • Aging with Dignity – Five Wishes
    A widely used, plain‑language advance directive available in many states.
  • National Institute on Aging
    Clear explanations of healthcare proxies, advance directives, and decision‑making.
  • American Bar Association – Commission on Law and Aging
    State‑by‑state resources and legal information.
  • Local hospitals or health systems
    Many provide downloadable forms and instructions.