Deciding who you will name as your health care agent is one of the more difficult and important decisions you can make when planning for the future. Depending on the state, your health care agent may also be called a surrogate, attorney-in-fact or proxy. Second, consider your family situation because it is unavoidable to avoid potential issues regarding your family when important medical decisions have to be made. Families that may otherwise be harmonious may have sharply different ideas about end of life and quality of life issues. In addition, who you choose may cause hurt feelings amongst other family members. This should never cause you to name one person over another, but you should spend time with the people most likely to take offense in order to explain your choice. Using some of these factors to explain it (especially proximity, longevity and who you name as your financial agent) can reduce the chance of misunderstanding and family drama. You know, living close might have been important before, but it’s not so much now with cell phones. It is not necessary to have your health care agent live nearby, realize that if they are needed, they may need to spend weeks if not months at your location making decisions. This can be a perfectly valid reason to skip some obvious candidates and a great reason to explain to people why you chose one over another. It may make sense to have your doctor or a trusted hospital employee be your health care agent, especially if he or she has been treating you most of your life. However, most states have laws that prevent this, as it may put your doctor or the hospital employee in a conflict of interest and cause other problems. Naming Alternate Health Care AgentsRather than name multiple agents, it makes more sense to name alternate agents. If your named agent passes away or is otherwise unable to perform his or her required duties, then the responsibility would fall to your alternate agent. This can also be a diplomatic way to deal with family issues, as people named as alternates would still feel trusted and included. You should, however, take the task of choosing an alternate just as seriously as naming the primary candidate. Never select someone you wouldn’t trust and really want making decisions for you simply to avoid family issues. Don’t Name a Health Care AgentRather than choose a health care agent you are not comfortable with, you should consider simply not naming one. If you don’t name an agent, your treatment will largely be guided by your living will (something an agent could never override anyways). If you do not name an agent, make sure you really spend time on your living will to cover as many scenarios as possible, and contact your doctor and hospital to discuss your medical care wishes and how to best see them carried out. Health Care Directive Lawyer Free ConsultationWhen you need help with a health care directive in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
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