Including an advance health care directive in your estate plan is a crucial step for people of any age. This document allows you to state your wishes for things like end-of-life care if you become seriously injured or ill and cannot speak for yourself.
There’s one further step you should take to help ensure that your wishes are carried out. That is naming a health care agent and giving them power of attorney (POA) over your care if you are incapacitated – for example in a coma. If you don’t have one, California’s “next-of-kin” law will be used to choose someone to speak on your behalf.
Your designed health care agent would have a responsibility to advocate for the wishes stated in the advance directive. Most people also give their health care agent the authority to make any decisions that might be required but not covered in their advance directive.
What traits to consider
Your health care agent will have the authority to receive information from your medical providers regarding your condition, prognosis and options for care – including continuing or removing life-sustaining measures like artificial respiration. That’s why it’s critical to choose someone you trust – and for that person to agree to taking on this responsibility.
That person doesn’t have to be a family member. In fact, it may be best not to choose a close family member (at least without naming at least one alternate). They could end up in the same or worse condition as you – for example, after a car or plane crash, a house fire or a mass casualty event. Further, a spouse or parent could be too consumed with grief and anxiety to make sound decisions.
It’s important to choose someone who understands your core beliefs and values and would be comfortable advocating for them. You want someone who can remain calm and make sound decisions in a stressful environment.
You don’t want someone who will be intimidated by doctors or family members. However, you also don’t want a person who lacks the people skills to listen to others and respect their viewpoints, even though their responsibility is ultimately to you.
While you want to give this decision careful thought – and allow the person you choose to do the same — remember that you can later change your designated health care agent if circumstances warrant it. It’s smart to have experienced legal guidance when putting these documents into place and naming the people charged with enforcing them.