An adult with capacity has the right to accept or refuse any form of medical treatment. The question is how to protect an individual’s medical wishes when the individual loses the capacity to make health care decisions. A health care proxy allows you to appoint another individual with the authority to make decisions regarding your health should you become incapacitated. The authority of the individual you select will extend to virtually any decision you would be able to make if you had capacity. This individual will make the majority of your health care decisions at a critical time in your life. It is therefore extremely important to choose someone you trust and to discuss the health care decisions you want made.
A living will is a document in which you set forth the type of treatment desired in the event that you are unable to express your own wishes. It will provide clear and convincing evidence of the treatment you desire when/if you are suffering from a terminal condition and it will provide guidance to the individual that you have appointed under a health care proxy.