Agent’s Guide to Making Health Care Decisions for Others

Health Care Agent

If you have been named as a health care agent, patient advocate, or agent under a medical power of attorney or living will, you may eventually be asked to make important medical decisions for another person.

The role is voluntary, so you are not required to serve. However, if you accept the responsibility, you will have important duties to the person who appointed you. If you believe you will be unable or unwilling to serve, let that person know as soon as possible.

When Does My Role as Health Care Agent Begin?

Your role generally begins when the patient’s physician or medical team determines that the patient no longer has the mental capacity to make medical treatment decisions for himself or herself.

Until that time, the patient continues to make his or her own health care decisions.

What Are My Responsibilities as a Health Care Agent?

Your job is to act as the patient’s advocate and make informed health care decisions on the patient’s behalf.

Start by obtaining information from the physician or medical team. Important questions may include:

  • What is the patient’s diagnosis?
  • What is the patient’s prognosis?
  • What are the chances of recovery?

You should also learn about the available treatment options. Ask:

  • What is involved with each treatment option?
  • What are the risks and benefits of each option?
  • Are there short-term or long-term side effects?
  • Are there alternatives to the proposed treatment?
  • What will happen if the treatment is refused?

You may also need to request the patient’s medical records, seek consultations or second opinions, or request or authorize a transfer to another physician or medical treatment facility.

Learn the Patient’s Wishes Before They Are Needed

One of the most important things a health care agent can do is learn as much as possible about the patient’s medical treatment preferences before the patient becomes unable to communicate them.

Talk about the patient’s personal beliefs and preferences concerning illness, dying, and death. Important subjects may include:

  • Life support
  • Being in a coma
  • Artificial hydration and nutrition
  • Use of a ventilator
  • Kidney dialysis
  • CPR
  • Pain control
  • People the patient would like you to consult when making medical decisions

These conversations can make it much easier to make decisions that reflect the patient’s wishes if you are later called upon to act.

Advocate for the Patient

Make sure the patient’s doctors, nurses, and other medical staff know that you are the designated health care agent or patient advocate.

Stay informed about the patient’s medical condition and ask questions whenever the condition or treatment plan changes. Your role is not simply to approve or reject treatment. It is to understand the available choices and advocate for the patient’s wishes and interests.

Do Not Be Afraid to Ask for Help

Health care decisions can be complicated. Social workers and case managers may be able to provide information about available medical facilities and services, as well as programs such as Medicaid.

You may also request consultations or second opinions when additional medical information would help you make an informed decision.

When Does My Role as Health Care Agent End?

Your duties as health care agent generally end when:

  • The patient dies
  • The patient regains the mental capacity to make his or her own medical decisions
  • You become unable or unwilling to serve
  • A court removes you as agent
  • The patient revokes the health care directive naming you as agent

Common Health Care Agent Terms

Advance Health Care Directive: A legal document expressing a person’s wishes concerning health care or medical treatment decisions.

Agent, Patient Advocate, or Health Care Agent: A person chosen in advance to make health care decisions for another person if that person becomes unable to make those decisions.

Incapacitated: A state in which physical illness or disability makes personal decision-making impossible.

Incapacity: A mental or physical disability that prevents a person from managing his or her affairs.

Living Will: A document that tells doctors and other health care professionals what types of life-sustaining medical treatment a person wants if he or she becomes unable to communicate those wishes.

Principal: The person who appointed the health care agent or patient advocate to act on his or her behalf.