Choosing a Living Will Executor

When you are unable to make medical choices for yourself, the authority to make life-sustaining decisions is passed to the person you choose as your agent in your Living Will or Health Care Power of Attorney. This individual must follow the guidelines outlined in the paper. You should choose someone you know and trust to act as your agent. The agent is known as a “attorney-in-fact,” “health care agent,” “health care proxy,” “health care representative,” “patient advocate,” “proxy,” or “surrogate” in certain areas.

Most states’ laws require that your agent be an adult. Furthermore, unless they are related to you, your agent cannot be your health care provider (for example, a physician, nurse, employee, officer, director, or operator of a home health service, hospital, nursing home, or residential care facility). You should not name as an agent for your Living Will someone who is or may become actively engaged in providing health care to you unless that person is your spouse or a family member.

Ascertain if your agent is prepared to accept responsibility for your medical decisions. If she agrees to be your proxy, discuss your values, views, and desires with her. Good health care providers can separate their personal sentiments from yours and your preferences, but they may experience shame and misery as a result of having to make such tough end-of-life choices. Communicating with your agent early and often may assist guarantee that both you and your agent are at ease with your life-support wishes.

To prevent disagreements, choose just one individual to act as your agent at a time. However, choose an alternative agent in case the main agent is unavailable. Once you have chosen an agent, make sure they have a copy of your Living Will, and inform your family and physician of your decision.

Many people delegate extensive power to their health care agents to overrule their written Living Will. Other others prioritize the written Living Will. When there is a discrepancy between your agent and your Living Will, make it clear which command to follow.