Your health care agent is the person you name in your health care directive to work with your doctors to direct your healthcare and make treatment decisions for you if you're unable to do so. This person is usually called your "health care agent," though some states use a term such as "representative," "proxy," or surrogate."

Learn more about Choosing Your Health Care Agent.

State Laws

Several states have rules about who can serve as your health care agent. Some states presume that the motivations of such people may be clouded by self-interest. For example, a doctor may be motivated to provide every medical procedure available, even if that goes against the patient's wishes. On the other side, treatments may sometimes be withheld because of concerns about time or cost.

Before you select an agent, use the list below to learn about whether or how your state restricts your choice.

Alabama

Your health care proxy may not be:

• your treating health care provider
• an employee of your treating health care provider, unless the employee is related to you, or
• under the age of 19.

(Ala. Code §§ 22-8A-3, 22-8A-4 (2025).)

Alaska

Your health care agent may not be an owner, operator, or employee of the health care institution where you're receiving care, unless related to you by blood, marriage, or adoption. (Alaska Stat. § 13.52.010 (2025).)

Arizona

Your health care agent must be at least 18 years old. Your health care agent may not be a person whose license as a fiduciary is revoked or suspended—unless they're related to you by blood or marriage. (Ariz. Rev. Stat. § 36-3221 (2025).)

Arkansas

Your health care agent must be at least 18 years old. (Ark. Code § 20-6-103 (2025).)

California

Your health care agent may not be:

• your treating health care provider
• an employee of your treating health care provider, unless the individual is your registered domestic partner or is related to you, or you and the employee both work for your treating health care provider
• an operator or employee of a community care facility, unless the individual is your registered domestic partner or is related to you, or you and the employee both work at the community care facility, or
• an operator or employee of a residential care facility for the elderly, unless the individual is your registered domestic partner or is related to you, or you and the employee both work at the residential care facility.

(Cal. Prob. Code § 4659 (2025).)

Colorado

Your health care agent must be at least 18 years old. (Colo. Rev. Stat. § 15-14-506 (2025).)

Connecticut

Your health care agent and attorney-in-fact for health care decisions may not be:

• an operator, administrator, or employee of a hospital, residential care home, rest home, OR nursing home where you're a patient or resident—or where you've applied for admission—unless the operator is related to you by blood, marriage, or adoption
• under the age of 18
• a witness to the document appointing your health care representative
• your attending physician
• your advanced practice registered nurse, or
• an employee of a government agency that is financially responsible for your medical care—unless that person is related to you by blood, marriage, or adoption.

(Conn. Gen. Stat. § 19a-576 (2025).

Delaware

Your health care agent may not be an owner, operator, or employee of a long-term health care institution where you're receiving care, unless your agent is related to you by blood, marriage, or adoption. (Del. Code tit. 16, § 2503 (2025).)

Beginning on September 30, 2025, your health care agent may not be:

• a person whom a court finds poses a danger to your well-being, even if the court doesn't issue a protective order against the potential agent
• an owner, operator, employee, or contractor of a nursing home or long-term care facility where you reside or are receiving care, unless the potential agent is your family member or lives with you as a romantic partner—or is the descendant of your live-in partner
• a person you have a pending protection from abuse petition against
• a person you have a protection from abuse order against, or
• a person who is the subject of a civil or criminal order prohibiting or limiting contact with you.

(Del. Code tit. 16, § 2508 (2025).)

District of Columbia

Your health care attorney-in-fact may not be your health care provider. (D.C. Code § 21-2209 (2025).)

Florida

Your health care surrogate must be a competent adult and may not be a witness to the document naming your health care representative. (Fla. Stat. §§ 765.101, 765.202 (2025).)

Georgia

Your health care agent may not be a physician or health care provider who is directly involved in your health care. (Ga. Code § 31-32-5 (2025).)

Hawaii

Your health care agent may not be an owner, operator, or employee of your treating health care provider, unless the person is related to you by blood, marriage, or adoption. (Haw. Rev. Stat. § 327E-3 (2025).)

Idaho

Idaho revised its advance directive laws in 2024 and removed limitations on who could serve as an agent. Under the previous state, your health care agent may not be:

• your treating health care provider
• an employee of your health care provider, unless the employee is related to you
• an operator of a community care facility, or
• an employee of an operator of a community care facility, unless the employee is related to you.

The current statute removed the above language, but it's generally a good idea to not name the above individuals as your agent to avoid conflicts of interest. (Idaho Code § 39-3410 (2025).)

Illinois

Your health care agent may not be:

• your health care provider, or
• your attending physician.

(765 Ill. Comp. Stat. § 45/4-5 (2025.)

Indiana

Your health care representative must be a competent adult and may not sign the advance directive on your behalf (if you're unable to sign for yourself). (Ind. Code § 16-36-7-28 (2025).)

Iowa

Your health care agent may not be:

• your health care provider, or
• an employee of your health care provider, unless these individuals are related to you by blood, marriage, or adoption—limited to parents, children, siblings, grandchildren, grandparents, uncles, aunts, nephews, nieces, and great-grandchildren.

(Iowa Code § 144B.4 (2025).)

Kansas

Your health care agent may not be:

• your treating health care provider
• an employee of your treating health care provider, or
• an employee, owner, director, or officer of a health care facility.

These restrictions don't apply, however, if your agent is:

• related to you by blood, marriage, or adoption, or
• a member of the same community of people to which you belong who have vowed to lead a religious life and who conduct or assist in conducting religious services and actually and regularly engage in religious, charitable, or educational activities or the performance of health care services.

(Kan. Stat. § 58-629 (2025).)

Kentucky

Your health care surrogate may not be an employee, owner, director, or officer of a health care facility where you're a resident or patient, unless they are:

• related to you more closely than first cousins, once removed, or
• a member of the same religious order.

(Ky. Rev. Stat. § 311.625 (2025).)

Maine

Your health care agent may not be an owner, operator, or employee of a residential long-term health care institution where you're receiving care, unless your agent is related to you by blood, marriage, or adoption. (Me. Rev. Stat. tit. 18-C, § 5-803 (2025).)

Maryland

Your health care agent may not be an owner, operator, or employee—or the spouse, parent, child, or sibling of an owner, operator, or employee—of a health care facility where you're receiving treatment unless the agent would qualify as your surrogate decision maker under Maryland law or is appointed before you receive, or contract to receive, health care from the facility. (Md. Code Health-Gen. § 5-602 (2025).)

Massachusetts

Your health care agent may not be an operator, administrator, or employee of a facility where you're a patient or resident or have applied for admission, unless the operator, administrator, or employee is related to you by blood, marriage, or adoption. (Mass. Gen. Laws ch. 201D, § 3 (2025).)

Michigan

Your patient advocate must be at least 18 years old and may not be one of the witnesses to your patient advocate designation. (Mich. Comp. Laws § 700.5506 (2025).)

Minnesota

Your health care agent may not be your treating health care provider or an employee of your treating health care provider, unless the agent is related to you by blood, marriage, registered domestic partnership, or adoption. (Minn. Stat. § 145C.03 (2025).)

Mississippi

Your health care agent may not be an owner, operator, or employee of a residential long-term care facility where you're receiving treatment, unless related to you by blood, marriage, or adoption. (Miss. Code § 41-41-209 (2025).)

Missouri

Your health care attorney-in-fact may not be:

• your attending physician
• an employee of your attending physician, or
• an owner, operator, or employee of the health care facility where you live, unless:
  • you and your attorney-in-fact are related as parents, children, siblings, grandparents, or grandchildren, or
  • you and your attorney-in-fact are members of the same community of people who have vowed to lead a religious life and who conduct or assist in conducting religious services and actually and regularly engage in religious, charitable, or educational activities or the performance of health care services.

(Mo. Rev. Stat. § 404.815 (2025).)

Montana

Your health care agent must be at least 18 years old. (Mont. Code § 50-9-103 (2025).)

Nebraska

Your health care attorney-in-fact may not be:

• under the age of 18, unless the attorney-in-fact is married
• a witness to your durable power of attorney for health care
• your attending physician
• an employee of your attending physician, unless the employee is related to you by blood, marriage, or adoption
• a person unrelated to you by blood, marriage, or adoption who is an owner, operator, or employee of a health care provider of which you're a patient or resident, or
• a person unrelated to you by blood, marriage, or adoption who is presently serving as a health care attorney-in-fact for ten or more people.

(Neb. Rev. Stat. §§ 30-3402, 30-3405, 30-3406 (2025).)

Nevada

Unless you choose your spouse, legal guardian, or next of kin, your health agent may not be:

• your health care provider
• an employee of your health care provider
• an operator of a health care facility, or
• an employee of a health care facility.

(Nev. Rev. Stat. § 162A.840 (2025).)

New Hampshire

Your health care agent may not be:

• your health care provider
• an employee of your health care provider, unless the employee is related to you
• your residential care provider, or
• an employee of your residential care provider, unless the employee is related to you.

(N.H. Rev. Stat. § 137-J:8 (2025).)

New Jersey

Your health care representative may not be:

• under the age of 18, or
• an operator, administrator, or employee of a health care institution in which you're a patient or resident, unless the operator, administrator, or employee is related to you by blood, marriage, domestic partnership, or adoption or, in the case of a physician, is not your attending physician.

(N.J. Stat. § 26:2H-58 (2025).)

New Mexico

Your health care agent may not be an owner, operator, or employee of a health care facility where you're receiving care—unless related to you by blood, marriage, or adoption. (N.M. Stat. § 24-7A-2 (2025).)

New York

Your health care agent may not be:

• under the age of 18, unless the agent is the parent of a child, or married
• an operator, administrator, or employee of a hospital where you're a patient—unless they're related to you by blood, marriage, or adoption
• your attending physician, physician assistant, or nurse practitioner—unless they're related to you by blood, marriage, or adoption
• a physician, physician assistant, or nurse practitioner of a mental hygiene facility or psychiatric unit where you're being treated—unless the physician is related to you by blood, marriage, or adoption
• a person who currently is appointed agent for ten or more other people, unless the agent is your spouse, child, parent, brother, sister, or grandparent.

(N.Y. Pub. Health Law §§ 2980, 2981 (2025).)

North Carolina

Your health care agent must be at least 18 years old, and may not be providing health care to you for pay. (N.C. Gen. Stat. § 32A-18 (2025).)

North Dakota

Your health care agent may not be:

• your treating health care provider
• an employee of your treating health care provider, unless the employee is related to you
• your long-term care provider, or
• an employee of your long-term care provider, unless the employee is related to you.

(N.D. Cent. Code § 23-06.5-04 (2025).)

Ohio

Your health care attorney-in-fact may not be:

• under the age of 18
• your attending physician
• an administrator of any nursing home where you're receiving care
• an employee or agent of your attending physician, or
• an employee or agent of any health care facility where you're being treated.

These restrictions don't apply, however, if your attorney-in-fact is 18 years of age or older and a member of the same religious order as you—or is related to you by blood, marriage, or adoption. (Ohio Rev. Code § (2025).)

Oklahoma

Your health care proxy must be at least 18 years old. (Okla. Stat. tit. 63, § § 3111.2 and following (2025).)

Oregon

Your health care representative may not be:

• under the age of 18
• your attending physician or health care provider or an employee of your attending physician or health care provider, unless the person is related to you by blood, marriage, or adoption
• an owner, operator, or employee of a health care facility where you're a patient or resident, unless related to you by blood, marriage, or adoption—or appointed before you were admitted to the facility, or
• your parent or former guardian, if you were ever permanently removed from that person's care by court order. (If you have questions about this restriction, consult a lawyer.)

(Or. Rev. Stat. §§ 127.510, 127.520 (2025).)

Pennsylvania

Your health care agent may not be:

• your attending physician or other health care provider, unless related to you by blood, marriage, or adoption, or
• an owner, operator, or employee of a health care provider from which you're receiving care, unless related to you by blood, marriage, or adoption.

(20 Pa. Cons. Stat. § 5455 (2025).)

Rhode Island

Your health care agent may not be:

• your treating health care provider
• an employee of your treating health care provider, unless the employee is related to you
• an operator of a community care facility, or
• an employee of an operator of a community care facility, unless the employee is related to you.

(R.I. Gen. Laws § 23-4.10-2 (2025).)

South Carolina

Your health care agent may not be:

• under the age of 18
• your health care provider at the time you execute your health care power of attorney, unless your agent is related to you
• a spouse or an employee of your health care provider or an employee of the nursing care facility where you live, unless your agent is related to you.

(S.C. Code § 62-5-503 (2025).)

South Dakota

No restrictions on who may serve as your health care agent. (S.D. Codified Laws § 59-7-2.1 and following (2025).)

Tennessee

Your health care agent may not be:

• a witness to the signing of your health care power of attorney
• your treating health care provider
• an employee of your treating health care provider, unless your agent is related to you by blood, marriage, or adoption
• an agent or operator of a health care institution
• an employee of an operator of a health care institution, unless your agent is related to you by blood, marriage, or adoption, or
• your conservator, unless you're represented by an attorney who signs a specific statement that you're aware of your rights.

(Tenn. Code § 34-6-203 (2025).)

Texas

Your health care agent may not be:

• your health care provider
• an employee of your health care provider, unless the employee is related to you
• your residential care provider, or
• an employee of your residential care provider, unless the employee is related to you.

(Tex. Health & Safety Code §166.153 (2024).)

Utah

Your health care agent may not be:

• your health care provider, or
• an owner, operator, or employee of the health care facility at which you're receiving care, unless related to you by blood, marriage, or adoption.

(Utah Code § 75A-3-301 (2025).)

Vermont

Your health care agent may not be:

• your health care provider, or
• an owner, operator, employee, agent, or contractor of a residential care facility, health care facility, or correctional facility in which you reside, unless related to you by blood, marriage, civil union, or adoption.

(Vt. Stat. tit. 18, § 9702 (2025).)

Virginia

Your health care agent must be at least 18 years old. (Va. Code § 54.1-2982 (2025).)

Washington

Your health care agent may not be:

• your physician
• your physician's employee, or
• an owner, administrator, or employee of the health care facility where you live or receive care.

These restrictions don't apply, however, if your representative is your spouse, registered domestic partner, parent, adult child, or sibling. (Wash. Rev. Code § 11.125.400 (2025).)

West Virginia

Your health care representative may not be:

• your treating health care provider
• an employee of your treating health care provider, unless your representative is related to you
• an operator of a health care facility serving you, or
• an employee of an operator of a health care facility, unless your representative is related to you.

(W. Va. Code § 16-30-4 (2025).)

Wisconsin

Your health care agent may not be:

• your health care provider or the spouse or employee of your health care provider unless your agent is related to you, or
• an employee or the spouse of an employee of the health care facility in which you live or are a patient, unless your agent is related to you.

(Wis. Stat. § 155.05 (2025).)

Wyoming

Your health care agent may not be an owner, operator, or employee of a residential or community care facility where you're receiving care, unless the agent is related to you by blood, marriage, or adoption. (Wyo. Stat. § 35-22-403 (2025).)

Learning More and Getting Help

Learn more about Living Wills & Medical Powers of Attorney on Nolo.com.

To make a health care directive valid in your state, use Nolo's Quicken WillMaker.