What Can Health Care Agents Decide?
Stethoscope and pen on paperworkFirst a definition: A Health Care Agent is someone who can make health care decisions for you if, for some reason, you are unable to do so yourself. A health care agent is someone you can appoint in your living will or advanced directive documents. By appointing a health care agent, you can relieve your family of the burden and anxiety of making medical choices for you, and you can carefully explain your exact wishes to the health care agent you choose. Health care agents are also sometimes called health care proxies, and they can only make decisions for your health care when you cannot do so yourself.
Benefits of Having A Health Care Agent
You are not required by law to have a health care agent, but having someone to serve in this capacity can be beneficial. People often choose their spouse to be their health care agent if they are married or about to be married. One consideration is that family members may have a difficult time making health care decisions on your behalf. Times such as these can be stressful on loved ones, and there may be disagreements about your medical care. In these cases, the decision often gets made by a court-appointed guardian, administrators at the hospital, or doctors. By appointing a health care agent, you relieve your family of this burden and the anxiety of making these decisions. When you appoint a health care agent, you should spend some time detailing your exact wishes in various scenarios and health care situations.
The Role of A Health Care Agent
When you have a living will - also known as an advance directive - you can detail the type and kind of medical treatments you would wish to receive in various circumstances, and the kinds of treatments you would not want. In the event that you are not able to communicate these wishes to health care providers, your living will can make your wishes known. One duty of your health care agent is to make sure that, if something happens to you where you are unable to make decisions for yourself, the treatment you receive is in agreement with your wishes in your living will. In the absence of an advanced directive, the doctors will ask your health care agent to make these decisions for you.
What Is A Health Care Agent Authorized To Do?
Different states have different laws about what health care agents can do, but, in general, your health care agent will be able to:
Decide the use of life support systems and treatments
Approve or stop treatments that do not improve your condition
Access and release your medical records
Request an autopsy
Donate your organs (unless your living will expressly forbids this)
Authorizations That May Vary By State
You may want to check with the laws in your state, as some states prohibit health care agents from:
Requesting an abortion or sterilization
Refusing life support or other life sustaining treatments
Withdrawing life support or other life sustaining treatments
What A Health Care Agent Cannot Do
Health care agents or proxies cannot make any decisions about your money or be required to pay your bills, including medical bills. Other limitations may vary by state.
How To Choose A Health Care Agent
Because it is such an important role, and selecting the person who will speak for you and make decisions on your behalf if you cannot make them yourself can be overwhelming. A good place to start is to deeply consider your family and friends. Is there anyone you have a deep connection with, who shares your same values, and who is capable of handling such a task? If no one in your circle of family and friends makes a good match for this role, you can consider appointing your attorney as your health care agent.
Some people also name alternative health care proxies in the event that the first choice is unavailable. Always make sure that the people you choose for this role are willing and able to serve in this vital capacity.
How Much Authority Should You Give Your Health Care Agent?
Some people choose to give their health care agent wide authority in regards to medical decisions, while others prefer to restrict the authority and decision making to very specific situations. You do not want to box your agent into an impossible situation by having instructions that are too specific, as circumstances often have variables that are hard to predict. It is a good idea to talk to your doctor about various scenarios and the kinds of decisions that might need to be made in various circumstances.
Making Your Health Care Decisions Legal
To take effect, you will need to make your living will and health care agent choices official. There are legal forms to fill out and file that create a legal document that conveys your wishes for end-of-life care. Some states require that someone witness the signing of these documents, and some states require that the signatures be notarized. Notary publics can be found at banks, libraries, and post offices, but we offer notary services at our offices, too.
When you're a member of our legal subscription plans, your attorney can help you draft a living will and appoint a health care agent as part of your estate planning benefit. As a member, these services are included with your subscription. Learn more about this essential benefit here, or sign up now!
