Choosing an Agent

A durable power of attorney for healthcare is only as good as the person you name to be your agent. Your agent is the person you choose to speak and make decisions on your behalf if you are unable to communicate these yourself. If this person knows your treatment wishes and is willing to carry them out, you’ll likely be well represented. Be sure to tell your agent what’s important to you.

Who to choose

Here are ideas for choosing an agent:

• You can name a family member, close friend, or clergy member.

• You should name one person as your agent. Then name one or two alternates. You need a backup person in case your first choice can’t be reached when needed.

• Talk with each person you're thinking of naming as your agent or alternate. Do this before you decide who should carry out your wishes.

Your agent should be ...

• A competent adult, age 18 or older

• Someone you trust with your life and can talk to about the care you want, don't want, and what's important to you

• Someone who supports your treatment choices, values, and wishes

In many states, your agent can’t be ...

• Your doctor

• An employee of your doctor or of a hospital, nursing home, or hospice program where you get care

Some states have other limits on who can be named as an agent for an advance directive. To find out the laws in your state, contact your State Attorney General's office or state bar association. You can find your state's legal forms online from:

• AARP

• American Bar Association

• National Hospice and Palliative Care Organization

• Advance directive for veterans

Be prepared

It's a good idea to use your state's advance directive form. Also, write down your wishes, and give a copy to your agent and all others who are involved with your care.