How Do I Choose an Agent for Medical Power of Attorney?

 Posted on July 31, 2024 in Estate Planning

People in certain professions know they risk serious injury or death when they go to work. Roofers, pilots, police officers, firefighters, and others face the real possibility that they may suffer a major injury that leaves them incapacitated. Even for those in less dangerous lines of work, it is impossible to tell the future. A sudden car accident, fall, or illness can affect a person’s ability to make decisions for himself or herself, or what the law calls "capacity."

A person who is incapacitated is generally unable to make sound decisions about his or her own health. That is why many people hire an Illinois estate planning lawyer to draft a medical power of attorney, also known as an advanced directive. This is a legal statement in which an individual authorizes an agent to make medical decisions on his or her behalf if he or she becomes incapacitated.

Selecting an agent should be done carefully. He or she will be able to approve or reject treatments for you and have authority over your medical care. It is therefore important to make sure you are certain of your choice.

Who Should I Choose as My Agent?

The agent you name in your advanced directive will have decision-making responsibility over your health. Here are a few tips for how to choose the right agent for you:

• Pick a person you know and trust well.

• Choose someone who will carry out your wishes even if he or she does not agree with them.

• Select an agent who will fulfill your requests even if the wishes of your friends and family conflict with yours. They may exert heavy pressure on your agent to do what they think is best.

• Choose a person who is assertive and strong-willed.

• Choose someone who lives in relatively close proximity to you. Ideally, he or she will be near in the event of a medical emergency.

• It is recommended to appoint the same agent for both your medical power of attorney and your financial power of attorney. This is so you can avoid a situation where the agent who has authority over your health and the agent who has authority over your finances disagree with each other, which can affect your medical care.

What Decisions Can My Agent Make?

Before you select an agent to have medical power of attorney, make sure you fully understand the authority he or she will have. The agent will be able to:

• View all your medical records

• Allow others to view your medical records

• Give permission for medical treatments, including medications, surgeries, and tests

• Reject medical treatments if you are close to dying and unlikely to recover

• Decide what to do with your remains if you have not provided explicit instruction

• Decide whether to donate your organs if you have not provided explicit instruction

Contact a Lombard, IL Estate Planning Attorney

Choosing who to entrust with power of attorney over your health is a major life decision. Make that decision with the experienced guidance of the attorneys at A. Traub & Associates. Let us draft an advanced directive tailored to you and help ensure that your wishes will be carried out successfully. Call 630-426-0196 to speak with a skilled Wheaton, IL power of attorney lawyer today.