If I appoint an agent, should I prepare a living will?
In most states it is not necessary to prepare a living will or other
directive if you have appointed a health care agent; however, living wills can
still be useful. If the agent must make a difficult decision, the instructions
you have given in your living will can reassure your agent that your wishes are
Furthermore, if the person you appointed to be your agent becomes
unavailable to speak for you, your living will can provide useful guidanceto
your caregivers. A thoughtfully prepared living will can be a valuable
complement to the appointment of an agent.
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Your agent can be almost any adult whom you trust to make health care
decisions for you. However, most states do not permit you to appoint your
attending physician (unless the individual resigns as your physician) or
employees of the institution in which you are a patient (unless they are
related to you by blood or marriage).
The most important considerations are that the agent be someone:
who knows you well
who will honor your wishes.
Ideally, it also should be someone who is not afraid to ask questions of
health care professionals in order to get the information needed to make
decisions. Your agent may need to be assertive and not everyone is comfortable
accepting this sort of responsibility. Therefore, it is very important to have
an honest discussion with the person you plan to name as your health care agent
before you make the appointment.
Some people assume that they should appoint their spouse or adult child to
be the agent. This is perfectly acceptable; however, sometimes a spouse or
child may not feel able to make difficult decisions. For example, a husband may
say that even if he knew that his wife would not want to be maintained on
life-support, he could not make a decision to stop treatment. Or an adult child
may not be comfortable dealing with medical issues, raising questions with
doctors, or, if necessary, challenging a doctor's authority.