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Decapacitated
- Decapacitated is the past tense form of decapacitate. It refers to someone or something that has been rendered incapable of performing a particular function or activity. The term is often used in medical contexts, where it describes a patient who has lost the ability to move or perform certain actions due to injury or illness.
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The Federal Employees Health Benefits Program covers adult children of an employee's family if they are incapable of self-support because of a physical or mental disability. These children are over the age of 26 whose disabilities existed before age 26.
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Mar 18, 2020 · For patients who are incapacitated and have no advance directive in place to state their preferences for medical decisions, there are two options — a court-appointed guardian or a surrogate decision-maker.
- Overview
- The definition
- How a proxy works
- Who can be named?
- What are the legalities?
- Handling finances
- Advance care planning
- Access to medical records
- Advice and resources
- Summary
A healthcare proxy is a document that gives someone the power to make healthcare decisions for a person who is unable to do so.
On a proxy, a person names someone they trust to act on their behalf in the event of a serious injury or illness. It may work together with a living will, but it can also stand on its own.
Most states give people the flexibility to decide which medical decisions they want to delegate to their representative on the proxy.
Below, we describe legal considerations, how to set about choosing a representative, and more.
A healthcare proxy is a legal document that someone uses as part of advance care planning, as the National Institute on Aging explain. Another name for this document is a “durable power of attorney for healthcare.”
Its purpose is to nominate someone to make one’s healthcare decisions in the event of an illness or injury. Other names for the person nominated include: proxy, agent, surrogate, or representative.
A healthcare proxy takes effect when a doctor determines that the person cannot make their own healthcare decisions.
At that point, the person’s healthcare representative steps in. They make medical decisions based on the preferences expressed in the proxy. This might involve choosing from a range of treatment options.
When the person can once again make these decisions, the representative stops acting on their behalf.
A person can change an advance directive, including a proxy, at any time.
Generally, a person can appoint anyone aged 18 or older as a healthcare representative. They may be a:
•spouse
•partner
•family member
•friend
•lawyer
Many states have their own healthcare proxy forms. Having a lawyer involved is unnecessary, but a person might ask one for help.
States often require one or more witnesses to sign the proxy. Typically, a witness should not be a family member, the representative named on the proxy, a healthcare provider, or anyone named in the person’s will.
A healthcare proxy allows a representative to make healthcare decisions, but a different document empowers someone else to handle a person’s finances.
A power of attorney document deals with financial decisions. It allows the named individual to handle financial matters for someone who is incapacitated.
A person might decide to give this financial representative the power to manage medical payments or change health insurance plans.
It is possible to nominate the same person to make financial and healthcare decisions, but states generally require two separate documents.
Medicare Part B covers advance care planning as part of a person’s annual wellness visit.
There is no cost for the planning when it is part of the wellness visit.
A healthcare representative, the person named on the proxy, usually has access to the medical records of the person they are representing.
A person can also send Medicare an authorization form that will allow others to view their health information. This authorization remains in place until the person says in writing that they would like to reverse it.
Before nominating a representative, it is a good idea to discuss the responsibilities with them, to make that they are comfortable taking on the role.
According to the NHPCO, a good representative is someone:
•who really understands the person being represented
•who is able to stay calm in stressful situations
•who is unafraid to question doctors and will advocate for the person’s preferences
•who is good at communicating with others, including family members
A person uses a healthcare proxy to ensure that their medical preferences are carried out if they are ever unable to communicate due to illness or injury.
Creating this document can be an important step for adults of any age.
Sep 26, 2023 · Incapacitated Definition. Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power of attorney or a guardian.
o Medical statement (incapacitated child, DD Form 137-5) must be signed by a licensed medical doctor. Not acceptable - psychologist, nurse, nurse practitioner, medical assistant, social worker, etc.
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Incapacitated definition: deprived of strength or ability; made incapable or nonfunctional. See examples of INCAPACITATED used in a sentence.
Living Will. The most common type of advance directive is a living will. This is a legal document that states your loved one’s future health care wishes if they become unable to do so themself.
