Some of the most important decisions people make as they create their estate plan have nothing to do with who will receive their assets. For example, determining who will advocate for your wishes when you’re gone or if you are unable to speak for yourself is a crucial part of the estate planning process.
All adults should have an advance directive for health care (sometimes known as a living will) that designates their wishes for end-of-life care. This document allows people to codify things like under what conditions they want artificial life-prolonging measures (like respirators and feeding tubes) removed. This can save relatives from having to make (and fight over) that decision.
While this document is crucial, it’s also important to designate a trusted person to have power of attorney (POA) over your health care if you suffer a devastating injury or illness. This is generally called a health care agent.
While your health care agent has an obligation to advocate for the wishes in your advance directive, they also have the authority to make decisions not covered in that document. This should be done based on the recommendations of your medical team and their own knowledge of you, your values and religious or other beliefs. You can limit their decision-making authority to certain areas if you choose.
Questions to ask yourself (and potential agents)
Even if you have a spouse, adult child, sibling or parent who seems like the obvious choice, you should choose at least one alternate in case they’re unable to assume the role. Spouses or other family members are seriously injured or killed in the same event. That’s must one reason why your choice of an alternate can be just as important as your first choice.
Here are some of the key considerations when choosing an agent and alternate(s):
- Do they know you well?
- Do they essentially share your values?
- Can they think clearly, take in information and make good decisions in a fast-moving, stressful situation?
- Can they stand up to doctors and relatives if necessary and be unafraid to advocate for your wishes?
- Can they be located and available in an emergency (preferably in person)?
- Would they have a problem advocating for anything in your advance directive?
It’s important to make sure they’ve read your directive carefully and had time to think about it before including them in your estate plan. Having experienced estate planning guidance can help you better understand the importance of creating an advance directive for health care and choosing the right health care agent.
