Legal Advisor: Advance Directives

Health Care Agents

Every competent adult (“principle”) may appoint an agent (and an alternate) who has the authority to make health care decisions for the principle should he or she become incompetent. no person who operates, administers, or works at a facility in which the principle is a patient may serve as a health care proxy, unless that person is related to the principle by blood, marriage, or adoption.

An agent has the authority to make health care decisions for the principle (subject to any limitations identified in the proxy or by law). to assist in making decisions, the agent is entitled to all medically necessary information via records and consultations with the principle’s health care providers. the decision of the agent takes priority over the wishes of other individuals, including a person with a durable power of attorney, except as otherwise provided by the proxy or a court order overriding the proxy.

Next: Health Care Proxies