Insight

Factors to Consider When Naming a Health Care Agent

A health care agent can make medical decisions for you and see that your end of life wishes are respected.

A healthcare worker aids an older man
Anthony J. Enea

Anthony J. Enea

February 21, 2019 12:00 PM

The Health Care Proxy is often a document given little attention by both attorneys and clients. Perhaps, the fact that the proxy form has over the last two to three decades become relatively ubiquitous is a significant factor. The proxy form is readily available on the internet, is also provided to all patients admitted to a hospital and is often available from one’s doctor.

Article 29-C of the New York Public Health Law is the statutory authority for the proxy. The proxy form allows one to designate another person to make all health care decisions if one is unable to do so.

The agent can decide whether or not you should receive treatment as well as the treatment you should receive. Additionally, the agent can determine what treatments you should not be provided and whether or not treatment should be terminated. All the above can be done by the agent in accordance with any specifications stated in the proxy form or in accordance with your wishes that are known by your agent.

As is evident, the agent is in a position of great importance and authority. Thus, selecting someone, whether or not they are a member of your family, that will make decisions about your health care that are consistent with your wishes is of great importance. Some of the factors to consider when selecting an agent and alternate agent are as follows:

  • What is the age and health of the agent? Is the person selected likely to be alive at the time he or she needs to act and will he or she be mentally competent and in sufficiently good health to make your health care decision? For example, while selecting one’s spouse is often a logical decision, if one’s spouse is 80 plus years of age and has his or her own health issues, it may not be a wise decision.
  • Is the agent someone I can trust to make difficult medical decisions relevant to my care and treatment? Are they astute in matters of medicine? Do they have any training in medicine or health care? While training in medicine or health care is not required, it may be an aspect to consider when choosing one trusted individual over another.
  • Is the agent selected someone that is close to you and with whom you have previously discussed your writes about medical treatment? Are their beliefs about end of life treatment consistent with your wishes? Do you feel that they will respect your wishes when faced with difficult decisions?

If you are going to select a family member (spouse, child or grandchild) as your agent, are they someone who will discuss your care and treatment with your other immediate family members? Will they try to reach a consensus as to the treatment or cessation thereof with your immediate family, or will they make decisions unilaterally and without any consultation?

Selecting someone who can make a just medical decision whom you are close to and who is able to communicate the medical options and treatments with other family members is of importance. Maintaining family harmony and preventing strife is an important role for the health care agent.

In conclusion, selecting a health care agent is a decision that should not be given short shrift. It is one that requires a great amount of consideration.

-----------------

Anthony J. Enea, Esq. is a member of Enea, Scanlan & Sirignano, LLP with offices in White Plains and Somers, NY. Mr. Enea is chair of the New York State Bar Association’s Senior Lawyers Section. He was named Best Lawyers’ 2019 Trusts and Estates “Lawyer of the Year” in White Plains and Westchester County’s Leading Elder Care Attorney at the Above the Bar Awards. Mr. Enea can be reached at 914-948-1500 or A.Enea@esslawfirm.com.

Related Articles

Is It Time for You to Have the Long-Term Care Planning Talk With Your Parents?


by Anthony J. Enea

How should you talk to your parents about long-term care options? Estate planning can make for a difficult conversation, but wills and trusts are necessary documents for anyone growing older.

Son and father sit in two green lawn chairs with fishing pole lines by a river

4 Legal New Years Resolutions You Can Actually Keep


by Anthony J. Enea

New Years resolutions don't always work, but these four reasonable suggestions will serve you well for many more years to come.

Elderly couple with glasses looks at health care documents

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

How to Get a Power of Attorney


by Bryan Driscoll

Learn the steps to set up a power of attorney, the risks of DIY forms and how to choose the right person to act on your behalf.

A couple discussing power of attorney paperwork with a lawyer

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed

Most Americans Lack a Power of Attorney for Assets


by George M. Riter

Only 25 percent of American households have estate planning documents in place. A Power of Attorney for Assets will secure your financial affairs should you be unable to do so yourself.

An elderly couple holding each other's hands with a black and white filter

Health Care Prime


by Jonathan K. Henderson, Robert A. Guy, Jr., Andrew Kinworthy and Kevin McDonell

How will M&A shape the American health industry going forward? By adhering to the Amazon model.

Healthcare symbols like pill bottles, band aids, glasses, stethoscopes

The Power of Two


by Kerrin B. Slattery and Dale Van Demark

More health care companies than ever see the value of robust partnerships in a constantly changing industry.

Healthcare logo with one green and blue hand connecting

Insurance Coverage to Protect the Health Care Industry from the Increasing Risks Associated with the Internet of Things


by Meghan Magruder and Amy Dehnel

While this connectivity can provide great benefits to patients and physicians, the security issues inherent in these devices are critical.

Rendered pixelated man with iPad showing heart with pulse and data with a purple and green tech back

The New Era for Health Care Services in the United States


by Bobby Guy & Brook Bailey

The future of Obamacare is unclear, and what U.S. health care will look like when the political fuss is over is an inquiry punctuated by a very large question mark.

Paperwork splayed out on a yellow background with white & red papers, a clipboard with glasses, magn

Public Health Reform: What does the future look like for patients?


by Vanessa Mellis

Increased government stewardship and a stronger user orientation are two of the key elements shaping this process.

Male surgeon looks in emergency room

Jack E. Fernandez, Tampa "Lawyer of the Year" for Health Care Law 2017


by Nathaniel Barr

Jack Fernandez on the path that led him to his eminent position in Tampa's health care law field.

Photo of Attorney Jack Fernandez

Trending Articles

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins