ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Health-Care Decision-Making Issues

Whom should I select as my agent or proxy for health decisions?

The choice of agent is the most important decision you may make in doing an advance directive. Your agent will have great power over your health and personal care if you become incapacitated. Name a person whom you trust fully. If no such person is available, it may be best not to name a health-care agent.

Find out who can and cannot be your agent under state law. Some states prohibit health-care providers or health-care facility employees from acting as your agent. Speak to the person you wish to appoint beforehand to explain your intentions and to obtain his or her agreement. Preferably, do not name co-agents, because it opens up the possibility of disagreement among agents. Instead, name alternate or successor agents, in case the primary agent is unavailable. If there is anyone whom you absolutely want to keep out of playing any role in your health-care decisions, you may be able to disqualify that person expressly in your advance directive.