Naming your health care agent is a vital decision when making your durable power of attorney for healthcare. There are many things you should bear in mind when drafting durable POA for healthcare. We have also written about the differences between POA for health care and living will.  In this post, we will provide some information that could give you a sense of direction in choosing your HC agent. If you’d like more help and professional support, feel free to book your complimentary 30-minute consultation with the Law Offices of Irina Sherbak. We are here for you!

What should you take into account?

Without a doubt, your health care agent should be someone you can trust. The primary reason that you are naming them your HC agents is so that you can be sure your wishes for medical treatment will be respected and carried out even if you can’t communicate them yourself. You must trust the person to be able to make medical decisions according to your preferences even if they are put in difficult circumstances or disagreement with your family members.

It would be ideal to choose an assertive person to be your health care proxy. It’s not uncommon for health care agents to find themselves against your family members or friends, even doctors. In such circumstances, an assertive person would be more likely to carry out your wishes, even if it meant settling the dispute in court.

Conflicts are very common when a family member is at their deathbed or is incapacitated. When end-of-life and quality-of-life matters are concerned, family members who otherwise get along perfectly may come into disagreement. Moreover, your choice of health care agent may hurt some members. Communicating your preferences in advance, while you are in good health, may help minimize friction and emotional stress if you ever find yourself in the situation that you need a health care agent.

The place of residence may not seem like a deciding factor, but it can be. If and when the durable power of attorney for healthcare comes into effect, your agent may be required to spend days and weeks in your town or city, making decisions for you. It makes sense to choose someone who lives close.

You might want to pay attention to the health condition of the potential agent. Life truly is unpredictable, but if you have to choose between two or three agents, it would be sensible to factor in their age, health and life expectancy.

Finally, consider the possibility that your healthcare agent may come into conflict with your financial agent, if you have one. If you choose two different people for your durable power of healthcare and finance, it would be advisable to communicate your health care wishes to your financial agent, so the likelihood of a disagreement is diminished. The fact is that your financial agent could delay paying your medical bills if they disagree with your healthcare agent’s decisions.

Can you grant durable power of attorney to a doctor or hospital?

In California, the law prevents doctors and hospital employees from being healthcare agents because of potential conflict of interest. This prohibition also extends to operators or employees of community/residential care facilities. However, this prohibitions are annulled if the person is question is your registered domestic partner or is related to you.

Can you have more than one healthcare agent?

It is always advisable to name only one healthcare agent. Naming more than one agent may only exacerbate conflicts and disagreements and add to the emotional stress. It would also increase the possibility of delay, either because not all agents are present simultaneously to make a decision or because one agent decides to take issues to court.

What will happen with your durable power of attorney for healthcare if something happens to your agent?

You are advised to list alternative agents who would assume the powers if something happened to the primary agent. If you are looking for a diplomatic solution to family acrimony, this may be it (rather than naming multiple agents, as discussed above). The fact that you are naming someone as alternative HC agent doesn’t mean you should take the choice any less seriously. Never name someone your agent for healthcare just to avoid conflicts.

Can you avoid naming a healthcare agent?

If you can’t make a good choice for your agent, you can simply outline your end-of-life medical treatment wishes in a living will. Your agent wouldn’t be able to act against your living will, in any case. If your living will is the only way of conveying your wishes, take the time to include as many details as possible. You should also communicate your wishes to your doctor and treating physicians.

If you need more help, get in touch with us!

We would be happy to help you and support you as you make your durable power of attorney for healthcare. Don’t hesitate to get in touch with us and book a free, no-obligation consult with an experienced and knowledgeable legal professional at the Law Offices of Irina Sherbak.