Successful Health Care Power of Attorney Depends on Agent
Choosing the right person as your agent is critical when creating a Health Care Power of Attorney (HCPA).
You may not even be able to imagine the tremendous power over your health and personal care this
person will have.
Your agent will have the power under your HCPA to:
Consent or refuse medical treatments for either your physical or mental health, unless doing so
violates your Living Will
Engage or disengage medical personnel
View your personal information and medical records
Decide which medical facilities are best for you.
Considerations for Choosing an Agent
These are broad decision-making powers about very personal decisions. Be sure that the person to
whom you grant this authority is someone you know well and trust. Choose a person who will respect
your values and follow your wishes. That doesn’t mean your agent needs to agree to everything, but
must respect your right to seek the treatment of your choice and use your values and beliefs as the basis
for decisions rather than the agent’s own.
Think about where the person lives. Hopefully it is nearby, because your agent may need to spend
considerable time working with medical personnel if you become very ill.
Does your agent have the stamina to speak up for you? Sometimes a certain amount of assertiveness is
necessary to defend your desires against other family members or those in the medical profession.
Another important consideration is whether the HCPA agent is also your financial agent. While that is
not absolutely necessary, if different they must be able to work together. If not, the financial agent can
stand in the way of your health care by not paying certain bills associated with it.
Minko Law Office in Brooklyn can help you with all aspects of Health Care Powers of Attorney, Elder Law,
and Estate Planning. Please come see us today.
Experienced estate planning attorneys Brooklyn NY of the Minko Law Office offers estate planning and
business planning resources to residents of Brooklyn NY. To learn more about these free resources,
please visit www.minkolaw.com/ today.