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Choosing Your Health Care Agent
There may be problems, brought on by passing time and human nature, with naming two or more people to share the job. In the critical time during which they would be overseeing your wishes and directing your care, they might disagree, rendering them ineffective as lobbyists on your behalf. Feuding agents could even end up settling their dispute in court, further delaying and confusing your care.
If you fear that those close to you may feel hurt if you name someone else to represent you, take some time to talk with them to explain your choice. Or, if there are several people you'd feel comfortable naming, you might even let them decide among themselves who the agent will be. If you approve of their choice, you can accept it -- and name the others as alternate agents in case your first choice can't serve.
Naming an Alternate Agent
You are permitted to name one or more alternate agents to represent you if your first choice is unable to take the job for any reason or resigns after your power of attorney for health care takes effect.
It's a good idea to name at least one alternate agent, but you should be as thoughtful about naming your alternates as you are about picking your first choice: Be sure to name people who will represent you well if the need arises.
If You Do Not Name a Health Care Agent
If you don't know anyone you trust to oversee your medical care, it's not necessary to name an agent. In fact, it's better not to name anyone than to name someone who is not comfortable with the directions you leave -- or who is not likely to assert your wishes strongly.
If you don't name an agent, you should still complete a living will (health care declaration), stating any wishes for medical care about which you feel strongly. Even without an agent, medical personnel are required to follow your written wishes for health care -- or to find someone who will care for you in the way you have directed if they cannot.
If you do not name a health care agent, also be certain to discuss your wishes for medical care with a doctor or a hospital representative who is likely to be involved in providing that care.
FAQs
- What should my advance directive say?
- Whom should I select as my agent or proxy for health decisions?
- Is it legal to commit suicide?
- Is there a constitutional right to physician-assisted suicide?
- What happens if I do not have an advance directive?
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