Consider family rifts when naming health care proxy

Q: I am widowed and have adult children. I remarried a few years ago. Last year, we did some estate planning, where I appointed my husband as my health-care proxy. My kids are listed as backups. How can I assure that my husband and kids will collaborate on my healthcare decisions?

A: To you, he is your trusted husband. To your children, he is a stepfather. In matters surrounding your health, your children will feel more qualified to make decisions.

Despite their protective nature, you gave your husband legal authority to make decisions. He may be open and involve your children in the process, but he is not required. Failure to communicate is a widespread cause of disputes among families in crisis.

The Massachusetts law that allows you to appoint a health-care proxy only allows one person to serve at a time. You named your children as backups. However, until they are activated to replace your husband, they are not legally privy to medical information.

As such, it is advised to give your children HIPAA authority, in the meantime. Should your husband activate the health-care proxy, your children will at least be able to participate in the information-sharing process. Of course, share your desires with all family members to help them make proper decisions, should the time come.

BillericA Attorney JAmes HAroutuniAn’s prActice includes reAl estAte, business And estAte plAnning. ContAct him with questions At www.hlAwoffice.com, cAll 978- 671- 0711 or emAil him At jAmes@hlAwoffice.com.