Choose Your Health Care Agent Wisely!

As part of any comprehensive Estate Plan, you should include various Powers of Attorney, including your Health Care Power of Attorney.  This document may be called a Health Care Directive or Advanced Care Directive.  In the event of your incapacity, the Health Care Agent you designate will be able to make medical decisions on your behalf, perhaps even life and death decisions.

Tremendous care and thought should go into selection of your Health Care Agents.  Quite often, parents select either their eldest child or all children to act jointly almost as the default choice without much thought. Regardless of the choice, I require a discussion of these options in the planning stages.  I frequently use the example of my own Mother.

After receiving a terminal cancer diagnosis, Mom gathered me and my sister explaining that she wished the two of us to be “co-everything” for her estate (co Executors, co-Attorneys in Fact, etc.).  Except, for her Health Care Power of Attorney, she designated me as her agent and not my sister.  My sister, upset with that decision, complained.  My Mother told her directly that the choice rested with her, period.  My sister still pouted.  Mom put it to rest by telling my sister that as a nurse, Mom saw these Powers of Attorney play out in real life: my sister was wishy washy but that I would pull the plug if ever needed.  Mom selected me as her Health Care Agent.

Expressed another way: Select your Health Care Agent who will possess the emotional maturity to act pursuant to your instructions during a time of potential crisis.  Your eldest child may be ideal or may cause greater drama when called upon.  Indeed, it may be that none of your children would be the right fit.  Make certain you make a thoughtful choice.

You need the protections in your Health Care Power of Attorney exactly when you cannot act.  Candidly evaluate your choices and let Estate Planning Attorney Michael Geiger assist in guiding you with all these difficult choices.  Communicate with Michael at (901) 219-5549 or at [email protected].