Phinney Estate Law
Follow Us or Like Us
  • Home
  • About Us
    • Profile of Jamie Clausen
    • Profile of Michael Ballnik
    • Holistic Approach
  • Practice Areas
    • Estate Planning & Disability Planning
    • Probate & Trust Administration
    • Guardianship & Elder Law
    • Mediation & Conflict Coaching
  • Blog
  • Fee Schedule
  • Free Classes
  • Client Reviews
  • Contact Us

Selecting a Health Care Agent

3/22/2012

6 Comments

 
Picture
The first step in any good Health Care Disability Plan, and probably the most important, is to choose your Health Care Agent.

A Health Care Agent, also sometimes called a Health Care Proxy, is the person you select  to speak for you in a medical crisis, in case you are not able to speak for yourself. 

 Under Washington State’s default statute for those who do not makes their own plan, spouses or registered domestic partners are given priority in decision making, followed by adult children.  However, the ultimate decision maker is the patient’s guardian, if one exists, and family disputes can erupt and health care decisions be delayed if family members or friends attempt to be named guardian when there is a lack of consensus about care.

For those who are single and have either multiple children or no children the need to make it clear who has decision making authority is even more important.  In any case, medical crisis decision making usually goes best when the hospital is clear about who the decision maker is and are confident that disputes about who is in charge are not part of the equation.

In naming a health care agent, it is usually easiest to name one person or agent to serve at a time, with at least one successor, or back-up person, in case the first person is not available when needed.  However there may be good reasons for selecting more than one person to serve at a time as well, such as a desire to include all of your children.

If you do chose more than one person you will need to include how you want decisions to be made (i.e.. all must agree v. majority rule.)  It is also possible to include a request that your primary agent consults with others, be it family members or a close friend with greater medical knowledge, while still leaving only one final decision maker.  It may also be possible to name someone you trust who lives near you to serve as a temporary agent until your first choice agent is able to come to the treatment facility if the person you must trust to make ultimate decisions lives far away.  An Attorney familiar with disability planning can help you to think through the pros and cons various arrangements and think creatively about solutions to potential problems that might arise.

The following are come important questions to ask when weighting possible agents.  Keep in mind that the importance of some of these factors may depend on whether your top priority is having your wishes honored or having your family feel best about the process.

1. Does your agent meet the legal criteria for acting as agent or proxy or representative?  (In Washington State, that includes a requirement that the person be at least 18 and not be your doctor or otherwise employed by your health care provider unless they are an immediate family member.)

2. Would your agent be willing to speak on your behalf?

3. Would your agent be able to act on your wishes and separate his/her own feelings from yours?

4. Does your agent lives close by or could they travel to be at your side if needed?

5. Does your agent  know you well and understands what’s important to you?

6. Could your agent handle the responsibility?

7. Will your agent talk with you now about sensitive issues and will listen to your wishes?

8. Will your agent likely be available long into the future?

9. Would your agent be able to sensitively handle conflicting opinions between family members and friends?

10. Can your agent be a strong advocate in the face of an unresponsive doctor or institution?

The decision of who you select as your Health Care Agent should be document in a valid Durable Power of Attorney for Health Care which will be discussed in later posts. 

If you would like help selecting your Health Care Agent or crafting a Durable Power of Attorney, please call or email now for a free half hour consultation to see if our services are right for you.  Tel. 206.459.1908 or info@phinneyestatelaw.com or attend one of our free classes.

6 Comments
eye laser surgery link
6/19/2012 01:33:14 am

thanks for explaining this matter so deeply with all the rules and guide lines in it now i know how to proceed for a health agent.

Reply
Uterine fibroid embolisation link
6/26/2012 08:23:39 pm

I love the tips on your blog. I absolutely agree with your post here and I feel that you are on the right course. I am totally satisfied with your information.

Reply
eye care in St. Peters link
7/4/2012 09:19:36 pm

If you choose a correct health agent then your half of the health related problems are solved by him in a very good manner.

Reply
Fibroids Uterus link
7/5/2012 08:25:00 pm

I would like to thank you for the efforts you have made in writing this post. I am hoping the same best work from you in the future as well. In fact your creative writing abilities has inspired me

Reply
diary printing link
7/16/2012 06:09:02 pm

Thank you for the efforts you have made in writing this post. I am hoping the same best work from you in the future as well.

Reply
dallas photographers link
9/13/2012 04:22:32 pm

I was under the impression we have a lot less choice in healthcare with the new medical bill taking place in 2014.

Reply



Leave a Reply.

    PEL Blog

    This Blog is written by Seattle Attorneys Jamie Clausen & Michael Ballnik.
    It is made available for educational purposes only. Its purpose is to give you general information and a general understanding of the law, not to provide specific legal advice. Reading this blog does not create an attorney client relationship between you and Phinney Estate Law. Because each individual and family is unique, the Blog should not be used as a substitute for legal advice from a licensed professional attorney in your state.

    Archives

    April 2020
    January 2020
    April 2018
    December 2017
    October 2017
    March 2016
    November 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    December 2014
    October 2014
    September 2014
    August 2014
    March 2014
    January 2014
    June 2013
    May 2013
    April 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    January 2012
    October 2011
    September 2011
    August 2011
    July 2011

    Categories

    All
    Abatement
    Admemption
    Administrator
    Advance Health Care Directive
    Collaborative Law
    Community
    Community Classes
    Debt
    Disability Planning
    Discounts
    Downsizing
    End Of Life Planning
    Estate Planning
    Events
    Guardianship
    Health Care Agent
    Health Care Planning
    Holistic Law
    Immigration
    Informed Consent
    Intestate Administration
    Last Will And Testament
    Legacy
    Legacy Planning
    Legacy Statement
    Lgbt
    Living Will
    Mediation
    Organ Donation
    PEPS
    Posthumous Heirs
    Power Of Attorney
    Probate
    Probate Litigation
    Quasi-community Property
    Science Alerts
    Slayer Rule
    Social Security
    Tax
    Trust Administration
    Undue Influence
    Unmarried Partners
    Will Contest
    Word Of The Week

    RSS Feed