A healthcare agent makes healthcare decisions for you when you are unable to do so. There are some decisions, however, that they cannot make on your behalf—let us explain a few of the key things you should know.
There may be a time when you are unable to speak for yourself, perhaps because of an illness, injury, or other condition. For these situations, you may want to have a healthcare agent to make healthcare decisions on your behalf. These agents also referred to as health care proxies may only speak for you on occasions when you are unable to speak for yourself. This means there are some decisions your health care agent cannot make for you.
You are not required by law to designate a healthcare agent, but having a person serve in this role can prove helpful. Often individuals consider designating their spouse as their healthcare agent if they are planning to get married or are already married.
When it comes to making medical care decisions on your behalf, family members may face several challenges. Such a circumstance would present a stressful time for your loved ones. They might disagree about what is the best route for your medical care, and the decision may ultimately be made by a court-appointed guardian, hospital administrators, or doctors.
By appointing a healthcare agent, you liberate your loved ones from the anxiety of having to make medical choices for you. You will have the opportunity to carefully explain your precise wishes to your healthcare agent for the types of medical care you want in various health situations.
Many people have the foresight to compose a Living Will, also known as an advance directive. This legal document details what medical treatment you wish to have and which treatment you do not want in the event you are unable to articulate these wishes.
One duty of your healthcare agent is to ensure that, in these circumstances, the medical care you receive lines up with the wishes you express in your Living Will. In the absence of an advance directive, doctors will turn to your healthcare agent to make these important decisions on your behalf.
Although the powers of a healthcare agent differ from state to state, your healthcare agent is usually empowered to do the following:
Your state might prohibit healthcare agents from the following:
Your healthcare agent cannot control or make decisions about your money. Nor can your agent be required to pay your bills. Other restrictions on what a healthcare agent is authorized to do will differ by state.
The healthcare agent is a very important role to fill, especially if you do not have a precisely written Living Will. Selecting the person who is going to speak for you about potentially life-saving medical treatment can be overwhelming. A good way to narrow the search is to look around at your family and friends. Consider who has a true insight into you as a person and perhaps shares your same values on life. If no member of your family makes a good match, you can consider appointing your lawyer to this role.
Some people also name an alternate healthcare agent in case your first choice is unavailable. Always be sure to confirm with both your healthcare proxy and your alternative that they are able and willing to serve in this vital capacity. Better to find this out now rather than later, when your very life rests in their hands.
Do you want your healthcare proxy to carry a broad brush and be able to decide a wide variety of medical care issues for you? Or would you prefer to restrict their decision-making authority to very specific situations? Be careful that you do not box your agent into an impossible situation by placing specific instructions for which you have not considered all the variables. It's a good idea to talk to your doctor about the various types of decisions that might come up in a healthcare crisis.
You will want to give your Living Will advance directive and healthcare agent appointment an official status. You can use legal forms to create a legal document that conveys your end-of-life wishes. Although you can use a lawyer for this process, it is not required.
In some states, you will need to have someone witness your signing of this document. Some states even require that the signature be notarized. You can easily find a notary public for this purpose. Check your bank, the library, post office, or insurance agent. If you go through a lawyer, they should provide the notary.
Your healthcare agent plays a vital role in your estate planning and end-of-life decisions. It is essential that you choose this person carefully and to make sure the document that gives them this responsibility is comprehensive and legally sound. Not convinced? LegalShield puts an entire law firm in your corner who works with you to set up a healthcare agent as well as offer consultation on other end-of-life matters.
Written and maintained by the LegalShield content team, covering legal and identity protection topics for individuals, families, and small businesses.
Yes, an HOA can foreclose on your house. If you fall behind on dues, it can put a lien on the house and, depending on your state, sell it, sometimes without a judge. Losing the house doesn't erase your mortgage, so you can still owe the bank. If you get a lien or foreclosure letter, call a lawyer that day.
We’ll provide more information about the trustors vs. trustees comparison, what to consider when filling these roles, and how they work together in Revocable and Irrevocable Trusts.
A power of attorney with springing powers is a legal document that grants someone else the authority to act on your behalf only after a specific event occurs.
.jpg)
There’s no rule that says a lawyer has to set up your Trust for it to be valid. However, Trusts are complex and doing it yourself without a lawyer's help comes with risks.
A Certificate of Trust proves your Trust is real and names who can act for it, while your beneficiaries and assets stay private. It lets your Trustee handle Trust business, like opening accounts or transferring property.
A limited power of attorney often comes in handy when you need help for a short time or for a single purpose. This legal document can help in situations like when you’re traveling, serving in the military, caring for an aging parent, or sending a child to study abroad.
We’ll cover some of the most common scams, the red flags that give them away, how to protect yourself, and what to do if you’ve already been caught out.
An executor is responsible for ensuring your final wishes get carried out, so it’s important that you choose someone who is responsible and can bear the emotional burden.
