Considerations When Naming a Health Care Surrogate Text Size:

All 50 states and the District of Columbia have statutes dealing with your ability to make a written directive about health care decisions, including end of life decisions. Some states provide for a health care directive in the form of a durable power of attorney for health care decisions. Many states authorize the expression of a person's wishes regarding health care decisions, including end of life decisions, through a document generally referred to as an advance directive. A surrogate is the person that you appoint to make the health care decisions on your behalf in the event that you are unable to make the decisions yourself.

Who Should I Choose to be my Surrogate?

The person you choose to be your surrogate should be a close friend or relative that is familiar with your beliefs and wishes regarding medical treatment. You do not want to choose a surrogate that potentially could have a problem following through on your clearly expressed wishes regarding your health care treatment. You should discuss your medical treatment desires and beliefs thoroughly with the proposed surrogate and you should make sure that the surrogate agrees to comply with your wishes. In addition, you should discuss your health care beliefs and wishes with your medical provider.

What Powers will be Granted to my Surrogate?

The health care surrogate document will describe the powers granted to the surrogate. You must discuss with your attorney the types of medical treatment and procedures that you want or do not want. The circumstances that cause the document to become effective are usually provided by statute and are listed in the document. However, you should discuss with your attorney whether those circumstances are right for you. You can also state your desire regarding the steps that need to be taken to confirm that you no longer have the capacity to make health care decisions for yourself. The document can also grant your surrogate the power to access your medical records and apply for public benefits on your behalf.

How do I Ensure that the Directive will be Honored?

Many states provide suggested forms for the directive, but the form may not be appropriate for every person. However, any deviation from the form may cause difficulty in having the directive honored. Unless a state law requires use of the form without changes, a modified directive should be honored by health care providers. However, if the health care provider refuses to honor the directive, a lawsuit may be the only alternative to enforcing your wishes. It is advisable to check the policy of your health care provider regarding honoring a modified form prior to the need to use the directive and if necessary, meet with hospital personnel to ensure that the directive will be honored when needed.

You should give copies of the document to your surrogate, your treating physician, family and friends that you want involved in your life and you should retain a copy for your records. You should keep a list of everyone who is given a copy of the directive, so you can notify them if you revoke or change the directive. You might want to include in the document directions regarding your funeral.

Questions for Your Attorney

• Will a health care directive be valid in another state?
• How often should I have my health care directive reviewed?
• What happens if my health care directive is not honored?

Related Resources on Lawyers.com^sm