Designating a health care agent ensures a trusted person can make medical decisions on your behalf if you become unable to. Choose someone who understands your values, complete an advance directive or health care proxy according to state rules, share copies with clinicians and family, and consider a POLST and HIPAA authorization for practical access. Keep conversations and documents current.

Why designate a health care agent?

If you are older or worried about a serious illness, naming a health care agent (sometimes called a health care proxy, medical power of attorney, or durable power of attorney for health care) ensures someone you trust can make medical decisions for you if you cannot. An appointed agent can speak with clinicians, access records when allowed, and insist your wishes are followed.

Who should you choose?

Pick someone who knows your values, can handle stressful conversations, and is willing to take responsibility. The best agent understands how you feel about treatments such as life support, feeding tubes, and resuscitation, and can apply those preferences as your condition changes.

Choose someone who:

  • Knows your health care priorities
  • Can communicate with doctors and family
  • Will respect your instructions, even when others disagree
  • Is available when needed
You can also name alternate agents in case your first choice is unavailable.

What authority does an agent have?

Authority varies by document and by state. In general, an agent can make treatment decisions when you are incapacitated. You can limit the agent's powers - restricting certain choices or requiring doctors to follow specific instructions in particular situations.

Common documents include:

  • Advance directive or living will (states treatment preferences)
  • Durable power of attorney for health care / health care proxy (names the agent)
  • POLST (Physician Orders for Life-Sustaining Treatment) - a clinician-signed medical order used for people with serious illness in many states
Also consider a HIPAA authorization so your agent can access medical information.

When an agent is useful

An agent is helpful during hospitalizations, major accidents, progressive illness, moves into long-term care, or when language or cognitive barriers limit a person's ability to speak for themselves.

How to appoint and prepare an agent

  1. Discuss your values and specific treatment preferences frankly.
  1. Complete your state's advance directive/health care proxy form and sign it according to state rules.
  1. Share copies with your agent, family members, and your primary care clinician; upload to your patient portal if available.
  1. Consider a POLST if you have a serious, advanced illness and want clinician-executable orders.
  1. Review and update the documents after major life or health changes.
Many states provide free forms and guidance through state health departments, AARP, or hospital systems.

Practical tips

Encourage your agent to ask questions, take notes during clinical visits, and keep a concise summary of your wishes. Regular conversations reduce stress and improve the chance your care will match your values.

Discuss this with your family and complete the paperwork today to make decisions smoother if a crisis occurs.

FAQs about Health Care Agents

What's the difference between a living will and a health care proxy?
A living will documents your treatment preferences in specific situations. A health care proxy (or durable power of attorney for health care) names an agent to make decisions for you if you are incapacitated. You can have both.
Does my agent have to follow my written instructions?
Yes - your agent should follow any instructions you've placed in your advance directive. If instructions are ambiguous or absent, the agent makes decisions consistent with your known values and state law.
Do I need a lawyer to make an advance directive?
Not usually. Many states provide official forms you can fill out and sign according to state requirements. Seek legal help for complex situations or if you want to attach detailed directions.
How do I make sure hospitals recognize my agent?
Give copies of your signed forms to your primary care clinician, hospital, and agent. Upload documents to your patient portal and carry a card noting that you have an advance directive and who your agent is.