How to Choose a Health Care Proxy

You will use your living will to state instructions that health care providers must follow when you are incapable of making informed decisions regarding your health care. Your chosen healthcare proxy or agent will ensure these instructions are followed and make other medical decisions on your behalf. Therefore, they are a crucial part of your estate plan.

But how do you choose one?

In addition to following laws, such as choosing an individual of sound mind, 18 years of age or older and not an owner, operator or employee of a residential long-term health-care institution at which you are receiving care unless related to you, you need to observe other aspects, including:

1. Trust

Your agent will make crucial medical decisions on your behalf. Thus, you want to choose someone you can trust with your life.

2. Willingness

Some of the decisions your agent will make or follow can be a matter of life and death. Thus, it’s crucial to confirm they are willing to accept the role. You should also consider if you are willing/comfortable talking to the chosen party about your medical wishes.

Note that you also need to name an alternate agent who will serve if your chosen party changes their mind in the future or is unable to take on the responsibility for any other reasons.

3. Assertiveness

Pick an agent who is confident to handle conflicting opinions from loved ones and health care providers. You can easily spot an assertive person among your loved ones.

4. Location

You don’t know when you might be incapacitated. Therefore, it can be challenging to choose someone who lives far away. Consider someone who lives near you or has the resources to travel as soon as possible when needed.

Be careful about how you choose a healthcare power of attorney. Consider legal guidance to identify the most suitable party.