In some previous blog posts, we’ve discussed the importance of including an advance health care directive in your estate plan. This allows you to legally codify your wishes for what kind of measures you want taken if you’re critically injured or ill and unable to communicate. For many people, the most important reason to have an advance directive is to let doctors and loved ones know under what circumstances they want life-prolonging care continued or ended.
Just as important as having an advance health care directive is choosing the right health care agent. This is the person who will have power of attorney (POA) over your medical treatment and decisions related to it if you are incapacitated (for example, in a coma).
What is a health care agent’s role?
A health care agent is responsible for advocating for your wishes as stated in the advance directive, just as doctors have a responsibility to follow them within the limits of the law. However, an important advantage of having an agent is that they can make decisions when questions and issues come up that aren’t covered in the directive.
You can, to the extent you wish, limit their decision-making authority. However, by choosing the best person for the job, you can trust them to make the best decisions for you.
What to consider when choosing an agent
It’s important to give your choice some time and thought. Even if it’s obvious that you’ll choose your spouse, what if they’re in an accident with you? It’s important to have at least one alternate.
Here are some questions to ask yourself (and them):
- Do they understand your values and spiritual or religious beliefs?
- Can they think and make decisions quickly based on ever-changing circumstances?
- Will they refuse to be intimidated by doctors, family members and others with strong personalities?
It’s also critical to make sure they’re comfortable advocating for your wishes. That’s why it’s important to make sure anyone you choose for this role read your directive and think about it before agreeing.
If you don’t choose a health care agent or the one you’ve chosen isn’t available, California’s “next-of-kin” law will likely kick in. We’ve previously discussed that law and the potential issues with it.
These are difficult things to think about and hard discussions to have. With sound estate planning guidance, you’ll have the information you need to make the best decisions for you and your needs uniquely.
