A Health Care Proxy is a document that allows you to designate an individual to make health care decisions for you in the event you become incapacitated and unable to express your health care wishes. Often, people choose a close family member, which is most often the right choice, but not everyone gives enough thought to their decision and sometimes, their closest family is not necessarily the right individual for the job. Further, it is common that a person has multiple close family members that on the surface all seem to be equally qualified for the job.
What Should Be Considered Before Choosing an Agent under Health Care Proxy?
Deciding which one of your family members or close friends to designate as agent under your health care proxy can be challenging. Here are a few helpful things to think about as you choose your health care proxy:
- Someone who knows you, and your wishes, well.
- Choosing someone who would be willing, and feels comfortable, speaking on your behalf.
- Electing someone who will be able to honor your wishes even if it is contrary to theirs.
- Picking someone who lives close by or can easily travel to be by your side.
- Someone capable of handling the responsibilities associated with being your agent.
- Someone who can talk to you regarding sensitive and potentially difficult topics.
- Someone who is likely to be around in the future when the need may arise for the person to act on your behalf.
- Someone who would be able to handle differences of opinion among family members, doctors, and friends.
- Someone who can strongly advocate on your behalf.
Other considerations When Choosing Your Agent:
- It is advisable to name at least one successor agent to act in case the first person you designate is unavailable when needed.
- Be sure to only select someone that is lawfully permitted to act as your agent. This will differ by state but generally an agent cannot be someone under the age of 18, your health care provider, or an employee of your health care provider’s office unless that employee is a close relative or spouse. It is important to consult your state law regarding eligible agents.
After you choose your health care proxy, it can be beneficial to:
- First, ask your desired choice for permission to appoint them as your agent.
- Discuss with your agent your health care wishes, values, and fears.
- Ensure your agent has a copy of your health care proxy.
- If your agent only has copies, let your agent know where he/she can find your original health care proxy.
- Tell your family and close friends who you chose to act as your agent.
- Give your doctor a copy of your health care proxy to place in your medical records.
In addition to preparing a Health Care Proxy to designate your agent (and successor agents), you may also wish to prepare a HIPAA Authorization, Living Will, or a declaration of your medical considerations, so that the person you have named as agent, other family members and your doctor, will have a document that directly memorializes your wishes. There are advantages and disadvantages to preparing these additional documents, and that should be discussed with an elder law attorney and your medical provider. Contact us to learn more.
