Choosing Your Health Care Agent
by
Shae Irving, J.D.
Name the best person to direct your medical care if you are unable to do so yourself.
When you make a durable power of attorney for health care, the most important decision you will face is deciding who your health care agent should be. (In your state, this person may also be called a health care proxy, surrogate, or attorney-in-fact.)
Most people name their spouse, partner, a relative, or a close friend as their health care agent. What's most important is that you trust the person absolutely -- and that you feel confident discussing your wishes for medical care with him or her. Your agent need not agree with all of your wishes, but must completely respect your right to get the kind of treatment you want.
What Does a Power of Attorney Do?
In case you don't know, a durable power of attorney for health care gives another person authority to make medical decisions for you if you are unable to speak for yourself. In some states, this document may be called an Appointment of Health Care Proxy, Designation of Health Care Surrogate, or something similar -- but it works the same as a durable power of attorney. (For more information, see The Living Will and Power of Attorney for Health Care: An Overview.)
Important Factors to Consider
Is the person assertive? Keep in mind that your agent may have to fight to assert your wishes in the face of a stubborn medical establishment -- and against the wishes of family members who may be driven by their own beliefs and interests, rather than yours. If you foresee the possibility of a conflict in enforcing your wishes, be sure to choose an agent who is strong-willed and assertive.
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