How to Set Up a Medical Proxy for Minor Children

• Nov 10, 2023

Entrusting someone with the responsibility to make medical decisions on behalf of your minor children is an important, albeit complex, task. It necessitates careful planning and understanding of New Jersey’s laws surrounding the concept of medical proxy. We, at Falcon Law Group, aim to assist families with setting up a medical proxy for minor children in NJ. Understand the basics of this critical process in this article, providing you with a detailed overview, of related healthcare directives, and the process involved.

What Is a Medical Proxy for Minors?

In New Jersey, the framework for designating a healthcare proxy is well-established under the New Jersey Advance Directives for Health Care Act. This piece of legislation provides a structured way for parents or legal guardians to nominate a trusted individual who can make medical decisions for their minor children. When they are incapacitated, whether due to an accident, illness, or any other circumstance that renders them incapable of making decisions, the medical proxy steps in.

A medical proxy for minors is a critical legal tool that acts as an extension of parental or guardian authority. The proxy is empowered to make healthcare-related decisions on behalf of the minor child. The individual chosen as the medical proxy can be a family member, a close friend, or even a healthcare professional who is well-acquainted with the child’s medical history and the family’s healthcare philosophies.

Scope of Medical Proxy in NJ

The scope can be broad or narrow, depending on the parent’s or guardian’s comfort level and the needs of the child. For instance, the proxy’s authority may be limited to specific situations, such as emergencies requiring surgical intervention. Others may extend the scope to include long-term healthcare decisions, such as choosing to initiate or discontinue a specific therapy.

Healthcare Directives

When considering setting up a medical proxy for your minor children, three critical components – such as HIPAA, Power of Attorney, and Health Care Proxy may serve a unique yet interconnected role in safeguarding your child’s healthcare interests in New Jersey.

HIPAA Authorization

Before establishing a healthcare proxy, it is crucial to understand the Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA laws, medical information is protected and cannot be disclosed to anyone except the patient or their designated representative. A HIPAA authorization form allows your chosen medical proxy to access your child’s health records, ensuring better-informed decisions.

Power of Attorney

A power of attorney for healthcare enables parents to give legal authorization to a chosen individual to make healthcare decisions for their minor child. In New Jersey, the document must be signed in the presence of a notary public to be legally binding.

Health Care Proxy

A healthcare proxy in NJ document specifies the powers granted to the proxy and sets forth any limitations on their authority. It must be signed, dated, and should be consistent with New Jersey laws. Without this document, your chosen proxy will not have the legal ability to act on your behalf.

These documents not only confer the necessary authority to your designated proxy but also ensure that healthcare decisions align with your preferences and legal requirements.

Process of Setting Up a Medical Proxy for Minor Children

The process of setting up a medical proxy for minor children involves multiple steps, each equally important in ensuring that your child’s healthcare needs are met in accordance with your wishes.

1. Consult an Estate Lawyer: Consult with NJ estate planning lawyers to understand the legal nuances involved.
2. Choose a Trusted Proxy: Aside from you, the chosen proxy should be someone you trust implicitly to make healthcare decisions that align with your wishes and values.
3. Draft Documents: Prepare the necessary healthcare directives including HIPAA authorization forms, POA, and health care proxy documents.
4. Notarize: Although not a requirement, it is preferred to be notarized.
5. Inform Relevant Parties: Notify the healthcare providers, and share copies of the directives with them, including the chosen proxy if not you.
6. Review Periodically: Situations change, and it’s essential to review these documents regularly to ensure they still align with your wishes.

Designating a medical proxy for your minor children is a process that involves legal complexities and emotional considerations. With proper guidance from estate lawyers in New Jersey, you can ensure your children’s healthcare needs are met, even in your absence. Our team at Falcon Law Group, with its extensive experience, is poised to assist you through every step. Contact us today for a consultation.