Health Care Agents - Appointing One and Being One
What are my responsibilities as a health care agent? continued...
You need to read the state forms and the instructions carefully to find out if there are any limitations upon your authority to make health care decisions. For example, in a few states your authority to make end-of-life decisions is limited to circumstances addressed in the document. Some limit the agent's ability to make decisions related to psychiatric hospitalization or shock treatment. A few states require that the agent have some specific knowledge about the patient's wishes regarding artificial nutrition and hydration or other specific treatments.
One of an agent's most important functions is as an advocate for the patient. Advocacy can involve asking to see medical records, meeting with the physician to get information about the patient's diagnosis (what is wrong with the patient) and prognosis (what is the likely outcome of this medical condition, with treatment and without treatment), and getting other information that is needed to make decisions about treatment.
Physicians do not always understand the authority of an agent. Although most physicians understand that patients are entitled to information, they may not realize that the agent is entitled to the same information that the patient could receive. Therefore, as the agent you may need to be assertive and persistent in seeking information and in speaking up on the patient's behalf.
However, if you are respectful but firm, you should be successful in having your authority recognized. It is important for you to remember that you have the legal authority to speak for the patient, not the physician, nurses or other health care professionals.
There are others who can be helpful to you. There may be a patient representative, nurse, or social worker who can help you advocate for the patient. In addition, outside organizations such as the National Hospice and Palliative Care Organization can provide valuable information and advice. In the back of this booklet, you will find resources that also can be useful.