When doing your estate planning, it’s not enough just to have all the necessary documents and for them to be legally valid. The people you appoint as your administrators need to be the right people for the job.
This includes not just your executor and any trustees, but your health care agent, whom you name in your Texas Medical Power of Attorney (MPOA) Designation of Health Care Agent. Just what are the responsibilities of a health care agent, and what should you look for when choosing one?
Your health care agent is the person who will interact with doctors if you’re seriously injured or ill and unable to communicate. They are responsible for following your living will (also known as an advance directive), which is another critical estate plan document.
This document is where you detail things like under what circumstances you want life-prolonging measures continued if you don’t recover brain functionality or consciousness. If circumstances arise that aren’t covered in this document, your health care agent will need to make decisions based on what you would want.
What qualities should you look for?
While most people choose a close relative like their spouse or an adult child, your agent doesn’t have to be a relative. In fact, if you do choose a family member, it may be wise to choose a non-relative as an alternate in case of a multi-victim event like a car crash or fire.
Anyone who could end up in this role needs to be someone who understands your values and religious or other beliefs and will advocate for them, even if they don’t share them.
Your agent should be someone who can remain calm, think clearly and make quick decisions when necessary. They must function well under pressure and be able to absorb a lot of information.
You want someone who can work well with others, like your medical team and your family, but not be intimidated by them. By naming a health care agent, you’re stating that you want this person to have the final say on difficult decisions.
Be sure to get permission before codifying your choice
It’s important to discuss your choice for health care agent (and alternates) with those you’re naming. Make sure they’re comfortable with taking on this responsibility if they have to. It’s best to let them read your living will before they agree to be your agent.
This is just one of many important estate planning decisions you’ll need to make. Having sound legal guidance can help you make the best choices for you and your family.