How do I choose the right agent for my Health Care Power of Attorney?

The individual you select as your agent should be someone you trust and are familiar with. This individual must be either 18 years of age or older, or a minor who has been legally emancipated. If you choose your health or residential care provider (for example, your doctor or a staff member of a home health agency, hospital, nursing home, or assisted living facility, unless they are a family member) as your agent, they must decide whether to act as your agent or continue in their role providing health or residential care. Legally, one cannot hold both positions simultaneously. It is crucial to notify the person you designate that you wish them to serve as your health care agent. You are encouraged to discuss this document with both your chosen agent and your physician, and to provide each of them with a signed copy.

Make sure to specify on the document the individuals and entities that should receive signed copies. Your agent bears no responsibility for health care decisions made in good faith on your behalf. This guidance is provided by the Law Office of Dana Baker in Texas, and for further assistance, you can contact us at 979-310-5507.