Advance Directive - Choosing Your Agent

Choosing Your Healthcare Agent

Your health care agent—often referred to simply as your agent—will have the legal authority to make medical decisions for you, including decisions that may involve life-sustaining treatment, based on your stated wishes.

When deciding who should serve as your health care agent, there are several important factors to consider.

In most cases, it is best to appoint one primary agent as your first choice.

You should also name at least one alternate or backup agent, in case your primary agent is unavailable or unable to act when decisions need to be made.

Below are additional guidelines to help you choose the most appropriate agent.

You should select a person who most closely meets all of the qualifications listed below and who satisfies the legal requirements to act as a health care agent.

Because state laws vary significantly, the safest way to meet the combined requirements across jurisdictions is to choose an agent who:

◆ Is an adult

◆ Is of sound mind

◆ Is not included in any of the restricted categories listed below

Do NOT choose any of the following individuals as your health care agent

◆ Your health care providers, or the owner or operator of a health care facility or residential care facility that is currently providing services to you

◆ A spouse, employee, or the spouse of an employee of your health care provider

◆ Anyone who professionally evaluates or determines your capacity to make decisions

◆ Anyone employed by a government agency that is financially responsible for your care (unless that person is a blood relative)

◆ Anyone whom a court has already appointed as your guardian or conservator

◆ Anyone who already serves as a health care agent for ten or more people

Other important qualities to look for include:

◆ Someone who lives close to you or who could reasonably travel to be with you if needed

◆ Someone you trust completely with decisions affecting your life

◆ Someone who can handle disagreement or pressure from family members, friends, or medical professionals

◆ Someone who is willing and able to act as a strong advocate for you if a doctor or medical institution is unresponsive

Once you have decided who you would like to appoint as your health care agent or agents—and once they have agreed to serve—it is important to actively involve them in the types of medical decisions they may one day need to make on your behalf.

Discussing Your Powers With Your Selected Agent

After selecting your agent, take time to think carefully about the guidance you want to provide regarding medical treatment decisions.

Consider what matters most to you and how you would want decisions to be made in different medical situations.

You should openly discuss your choices and preferences with your agent.

These conversations are critical, because your agent’s responsibility is to make decisions as you would make them, not based on their own personal views.

Have an honest and detailed discussion not only with your agent, but also with anyone else who may be involved in your care if you were to become seriously ill.

The most important step—alongside completing the necessary legal forms—is having a meaningful, thoughtful conversation about end-of-life care.

This discussion should include your agent and any other individuals who may play a role in your care if you are unable to speak for yourself.

This overall process is known as advance care planning.

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