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

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

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 Dale Van Demark and Kerrin B. Slattery

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

Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims


by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open


by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes


by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?


by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

Famous Songs Unprotected by Copyright Could Mean Royalties for Some


by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

Announcing The Best Lawyers in Australia™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Caffeine Overload and DUI Tests


by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

IN PARTNERSHIP

2022: Another Banner Year


by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller