Choosing a Health Care Power of Attorney Agent
In my recent blog post about the changes to the Health Care Power of Attorney Act, I emphasized the importance, especially for those going through a divorce, of having a Health Care Power of Attorney (HCPOA) in an estate plan. An HCPOA allows a person to designate another person, called the health care agent, to make health care decisions for that person in the event that he or she can no longer make the decisions due to injury, illness or incapacity. When someone is chosen to be a health care agent, he or she is taking on a lot of responsibility. Considering that a health care agent can make end-of-life health care decisions, it is imperative for individuals to carefully choose their health care agent.
What to consider when choosing a health care agent
Most people designate a family member or close friend as their health care agent. In order to assure you are choosing the best possible health care agent, consider the following questions.
1. Do you trust your agent?
This person could be making life or death decisions on your behalf, so only authorize this responsibility to be given to someone you sincerely trust.
2. Is your agent responsible?
Observe how the person handles his or her own affairs. If your agent cannot manage to get his or her own life in order, it will be less likely that the agent will handle your life in a responsible manner.
3. Do you feel comfortable discussing your health care wishes with your agent?
No matter what your health care desires are, you should be able to openly express your thoughts to your agent so he or she can follow your wishes if necessary.
4. Is your agent assertive?
In some cases, the agent may have to fight for your health care wishes to be granted. It is important to choose an agent that would be willing to do this.
5. Will your agent act in your best interest?
If your agent is faced with having to fight for your wishes to be granted, will he or she do so or take the easy way out and give in to others?
6. Do you share similar beliefs with your agent?
If you have differing opinions regarding health care, the agent may be less willing to act in accordance with your wishes.
7. Is your agent reliable?
It is critical to select an agent that is easy to get in touch with, follows through and does not procrastinate.
8. Does your agent live close to you?
This is an important factor to consider in the event that your agent is needed for extended periods of time.
9. Is your agent willing to take on the responsibility?
It is necessary to discuss this with your agent before officially designating the position.
When choosing a health care agent, it is recommended to choose an alternate agent in case your selected agent cannot follow through with the obligations. While it is possible to choose two health care agents, it is better to just select one responsible agent. If you designate two people as your agents that have differing opinions, it will only cause unnecessary dilemmas. Although choosing a health care agent can seem like a daunting task, it is necessary to do so that if needed, your health care wishes are known and in the hands of the right person.
If you have any questions about health care agents, estate planning or anything requiring a Chicago divorce lawyer, please contact me.
