Health Care Representative for an Advance Health Care Directive

What is an Advance Health Care Directive or Advance Medical Directive? This document is a legal instrument in which a person is nominated by another to make medical decisions in the event of their incapacity, whether it be from anesthesia, dementia, or a persistent vegetive state. The Principal will also express their personal wishes as to the extent of the “extraordinary” medical care they wish to receive or not to receive in the case of their death.

As a Health Care Representative (also sometimes called an Agent or Health Care Proxy), you have been designated to make health care decisions in the event the Principal becomes incapable of making their own decisions regarding their medical care. In addition to making medical decisions, common responsibilities of a Health Care Representative include (if granted by the document) speaking with health care providers, signing consents and/or releases, overseeing the Principal’s health information and medical records, becoming guardian of the Principal, if necessary, and making the final decision regarding organ donation, autopsy, and what happens to the body after death. 

This document tells doctors and providers how the Principal wishes to be treated if they cannot make their own medical decisions, especially about emergency treatment. It is common for the Principal to indicate under which conditions each choice applies, which treatments they want to avoid, or what medical care they would want. 

It is important as a Health Care Representative to discuss with the Principal preferences regarding their values, religious beliefs (if applicable), and their end-of-life wishes. With a better idea of their general preferences, you will be better able to navigate unanticipated issues or medical situations as Agent. You may also want to discover what their wishes are concerning organ, tissue, and/or body donation.

To make an appointment, please contact Elle Van Dahlgren Law, LLC by calling 302-407-5009 today.