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Elder Law

The Advance Health Care Directive - "The Agent"


      Usually you will name someone, called an "agent", to make health care decisions for you if you cannot make them for yourself. This is generally a good idea because an advance directive cannot anticipate every health care issue that may arise.

      If you have designated an agent whom you trust who is intimately familiar with your wishes and preferences, that agent will most likely to make decisions consistent with your desires. So, although you can draft an advance directive that simply addresses treatment, most people do appoint an agent.

      Your agent is typically given the power to make very serious decisions, even life and death decisions. Consequently, your agent should be someone you trust. If there is no one you feel you can trust to make such important decisions, however, you can still prepare an advance health care directive.

      Although you can appoint more than one agent, you should be cautious about making such a decision. Problems can arise if your joint agents cannot agree. You can and should appoint alternate agents who will serve if your first choice is unable to serve.

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