The Durable Power of Attorney for Health Care is a legal document that gives someone of your choice (advocate) the right to handle your health care decisions if you become incapacitated. You give up no control while you have capacity.

.For estate planning purposes, we use this legal document to:

• Assure someone you trust, not a court appointed guardian, is appointed to handle your health care and end of life decisions.
• Keep you, and your loved ones, out of the living probate system.
• Keep your financial and health care affairs private.

Choosing an Advocate

An advocate nominated to handle your physical health care and end of life decisions has a real responsibility that comes with an emotional burden usually not associated with an agent confronted with duties under a durable power of attorney for finance. You need someone in place that can handle this responsibility. For a husband and wife scenario, it usually appropriate for the spouse to handle health care and end of life decisions for the other upon incapacity. If you are not married, children or close family can usually handle the responsibility of agent.

Some important attributes of a good agent candidate include:

• Trustworthiness.
• Previous experience making health care and end of life decisions.
• Nursing or medical background.
• Emotionally able to handle and advocate medical and end of life decisions.
• Easy to communicate with as necessary.
• Close proximity to your location is critical so that the advocate can be by your side as necessary.

What is most important is that your advocate be the best choice for your health care. This process is not about making people feel equal.  It is about assuring your wishes are followed when you no longer have a say in the matter.