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.

What Does a Health Care Agent Do?
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.

Estate Planning for Parents Guide

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

Pandemics and Planning: Lessons Learned


by Anthony J. Enea

It's important to be prepared for life-threatening emergencies, such as the COVID-19 pandemic. Here are six basic estate planning documents and advanced directives that everyone should have in order to deal with any potential health crisis.

Estate Planning for COVID-19

In the News: Texas 2019


by Best Lawyers

A roundup of relevant news from lawyers listed in Texas.

Legal News Roundup Texas

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.

Power of Attorney for Assets Documents

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.

Health Care on Demand

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.

Health Care and the Private Sector

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.

Insurance for Health Care Industry

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.

Health Care Services

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.

Public Health Reform

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

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

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed