Power of Attorney for Health Care
The Power of Attorney for Health Care provides for the designation of someone who will be able to make decisions regarding health care if you are unable to speak for yourself due to illness or incapacitation. This designated person may also be referred to as health care agent, proxy, surrogate, or representative. This person should be informed and agree that you are naming him or her in your Advance Directive. It must be a person you know who will truly advocate for you and express exactly what your heath care wishes are.
The Power of Attorney for Health Care allows you to designate a health care proxy/agent to speak for you.
Appointing your Heath Care Agent
Preparing an Advance Health Care Directive provides the opportunity to designate an agent to speak on your behalf and communicate your wishes if you are not able to do so yourself. Appointing an agent and making sure the agent is aware of and understands your wishes is one of the most important things that you can do for yourself and your loved ones. If the time comes for a decision to be made, your health care agent can participate in relevant medical discussions, weighing the pros and cons of treatment decisions based on your previously expressed wishes. The agent can participate even if your decision-making capacity is only temporarily affected.
The degree of authority (how much or how little) you want this agent to have can be defined in the Advance Health Care Directive Form under Part 1 “Power of Attorney for Health Care”. Alternate agents can also be appointed, in case the primary agent is unwilling or unable to act. Additionally, you may name individuals who specifically are NOT to participate in decision-making.
Choosing the Right Healthcare Proxy
The most important decision you’ll make is selecting your healthcare proxy — also known as your surrogate decision-maker — through a Power of Attorney for Health Care.
This person should be:
- Someone you trust completely to advocate for your wishes
- Assertive enough to stand up to medical or long-term care providers if needed
- Emotionally prepared to carry out your instructions, even when it’s hard
Although it’s common to choose a spouse, partner, or child, that person may not always be the best fit — especially if they disagree with your values or may struggle with making tough decisions. Consider:
- A longtime friend who deeply understands your perspective
- A professional advocate such as a nurse, geriatric care manager, elder law attorney, or social worker
Sometimes choosing someone outside the family can reduce emotional burdens and lead to more objective decision-making.
Without an Agent
If an agent is not appointed, the law provides for other decision-makers by default, usually beginning with the spouse and adult children and ending with the patient’s physician. In some cases, if the patient does not have an Advance Health Care Directive, a court may be required to appoint a guardian. Without an agent of your choosing, your medical team may not honor your wishes for end-of-life care.