Part Two: I Am Designated as Someone’s Health Care Agent, Now What?

Posted on July 7th, 2017 by Michelle

Now that you are your friend/family member’s personal agent, you want to do your job well. The Limbaugh Law Firm understands your desires to help and protect your loved ones in a time of crisis. We have experience in these situations and have learned what works and what works better.

Here are eight things you can do to obtain good care for your friend or loved one.

1. Prepare: Have a heart-to-heart talk with your friend/family member and ask the hard questions. What are their spiritual and religious beliefs and how do they impact decisions on living or dying? How do they feel about aggressive or alternative treatments? Do they want family member’s notified or involved in crisis situations? As hard as it is, you need to do this before your loved one loses the ability to make decisions for themselves or to communicate their desires. This will also help prepare you in advance of an emergency situation. You also want a digital copy of the advance directives.
2. Identify yourself: Make yourself and your role known to the medical staff. Remind staff that there is an advanced directive and if they do not have a copy, offer to email them one before any decisions are made.
3. Stay informed: Medical conditions change. Staff at the hospital change. Identify the person who can best keep you informed of your loved-one’s condition. Try to read the medical record everyday; stay involved and be flexible. This does take time, but your involvement will increase your comfort in the type of care provided.
4. Use your voice: Push to make someone responsible for overall care of your friend/family member. Usually there are many medical personnel involved in the patient care, none of which want to take full responsibility for the entire patient. Insist that one person be given overall responsibility to manage your loved one’s care and provide the necessary continuity during the entire period of care.
5. Share information, maybe: Keep the family informed, if appropriate. You have the legal authority to make medical decisions, even if family members disagree with you. Thoughtful and consistent communication can foster consensus and build support when difficult things need to be discussed. If you are in a situation where family members are not in support of you or your decisions, you might be able to get support from the hospital/facility’s patient representative or ombudsman, social worker, clergy or spiritual advisor.
6. Anticipate transfers: Make sure when the patient is moved from one section of the hospital to another, or to a different facility, you know what treatments need to be continued or begun after the transfer. Meet with the medical team or head nurse to ensure that they are aware of the ordered treatment.
7. The squeaky wheel gets the…: Some medical professionals may not be as confortable as others with your involvement. You may disagree with the doctor’s recommendations; it can be difficult to disagree with medical professionals and authorities. Be tactful and assertive. Insist that medical issues be explained to you in words you can understand. If their resistance becomes a problem, or if you feel you are not being heard, ask for help from the facility’s patient representative or ombudsman, social worker, clergy or spiritual advisor, ethics committee or ethics consultant.
8. Delegate: Retain the help of a private care manager if you are unable to work with the medical team on your own. A care manager usually has an advanced nursing or social work degree. They can help you understand the medical record, attend care conferences, and advise you if the care is deficient or inappropriate.

Now, take a deep breath. This is a big job that you might have to do. Remember, you are ensuring that your friend/family member continues to have a voice in their care, should the unimaginable situation occur. Steps 2-8 will be difficult, but good preparation can make the difference between you being ready to assume this responsibility or overwhelmed and unable to fulfill you obligation.

The Limbaugh Law Firm is here to help answer questions, support your decisions, or direct you to resources so that you will feel successful.