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Who should you choose to be your health care agent?

On Behalf of | Jul 17, 2024 | Probate & Estate Planning |

When estate planning, you will use your health care power of attorney/health care proxy (proxy) to name an agent who will make medical decisions on your behalf if you become incapacitated, for example, if you become unconscious or mentally incompetent. This agent is referred to as a health care representative (HCR) in Pennsylvania. 

But who should you choose to assume this critical responsibility?

Someone who can legally serve

In Pennsylvania, an HCR must be over 18 years and not your doctor/health care provider. You can choose anyone you trust, provided they meet the aforementioned qualities.

Someone willing to serve

The role of an HCR can be sensitive. They may need to make everyday medical decisions or even life-or-death decisions while following the wishes included in your living will or advance health care directive. Therefore, you need to ensure the party you are about to pick is adequately informed about your wishes and their expected duties, and is willing to perform them.

Someone with confidence 

Your loved ones may not agree with every decision your HCR makes. That’s why it’s vital to choose someone who can make informed decisions and take a firm stance on them. Of course, your HCR will consult your doctors, other members of your health care team and family members about different matters regarding your health. But they should be able to make their own decisions.

Someone whose mind can easily be changed may not be the best option to serve as your HCR. You can tell this by observing how your loved ones support their ideas during day-to-day conversations.

Not having an agent, a proxy, or an HCR can be disadvantageous. It is wise to nominate someone to take charge of your care if anything happens to you. Contact an experienced attorney to obtain more information about this and other estate planning issues.

 

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