Who would you trust to make decisions for you if you are unable to make them for yourself?
What are the responsibilities of your health care agent?
How to choose your health care agent
Who would you trust to make decisions for you if you are unable to make them for yourself?
If you are unable to speak for yourself or to make health care decisions, and you are 18 or older, New York State law allows you to pick someone to act as your health care agent. Your health care agent will speak for you and make decisions about your health care. If you do not choose someone to speak for you as your agent, people who don't know you may decide your care.
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What are the responsibilities of your health care agent?
- Your agent will have access to your medical information and records to make informed care decisions.
- Your agent will have authority to make all health care decisions, unless you limit the agent's authority, or unless a court order overrides the decision.
- Being a health care agent does not mean your agent is responsible to pay for your care.
- Your agent will be able to make decisions to use treatments that may extend your life, and whether certain medical tests, treatments, or surgeries.
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How to Choose your Health Care Agent
Choose someone you trust to be your agent. Often people pick a friend or family member to be their agent. Keep in mind that not everyone makes a good agent.
The following questions will help you choose your agent:
- Is this person someone you want by your side when you have important health decisions to make?
- Will this person follow your wishes, even if he or she doesn't agree?
- Will this person be strong enough to ask questions about your condition and about the choices that may affect your care?
- Will this person be able to speak up for you, to demand that your wishes are followed?
- Will this person be available when you need help with the decisions and challenges that you may face in the last years of your life?
- Is this person at least 18 years of age?
Note: this person cannot be your doctor or an employee of a health care provider responsible for your care, unless he or she is a family member.
Have a conversation with the person you pick to be your agent. Make sure that he or she is willing to act for you.
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Advance Directives
