Part One: What Is a Health Care Agent?

Posted on June 30, 2017 by Michelle

Your very responsible friend/family member — the one who makes to-do lists and actually checks off the boxes — has a job for you. They hired an attorney to draw up an estate plan and nominated you to be their medical agent, or, as most people say, their “medical power of attorney.” Because you would never deny your friend/family member anything so important (that’s why they picked you), you say “yes”, and make a note to Google “power of attorney” when you get home.

Congratulations! You were the right choice for the job because you care and are not afraid to ask questions. Those two qualities, more than anything else, ensure that you will do a good job when called upon to participate in medical decisions when your friend/family member is in crisis and cannot speak for themselves. We, at The Limbaugh Law Firm, applaud your efforts and want to help you understand what the job entails so you can do it well.

First, let’s get the terminology. If you have been named as someone’s decision maker in a power of attorney or advanced directive, you may be referred to as the person’s agent, attorney-in-fact, surrogate, fiduciary, or representative. The person who nominated you is most often called the principal.

Next, what is your job? What is your friend/family member actually asking you to do in this crisis situation?

Your duties begin when your friend/family member loses the ability to make or communicate health care decisions. Generally, you will have authority to make any and all decisions a patient would otherwise make for him or herself, including:

1. Conferring with the medical team.
2. Reviewing the medical chart.
3. Asking questions and getting explanations.
4. Discussing treatment options.
5. Requesting consultations and second opinions.
6. Consenting to or refusing medical tests or treatments, including life-sustaining treatment.
7. Authorizing a transfer to another physician or institution, including another type of facility (such as a hospital or skilled nursing home).

Wow, that is a lot! But this is your friend, someone you trust and who obviously trusts you and your judgment. You were probably chosen because you know this person’s heart and what is important to them. They know you will act for them as they would for themselves. You are trusted to make decisions that you never conceived as even happening.

If you find yourself in this position and your authority is being questioned or you just want to speak to someone who has experience in these difficult situations, please contact us.