PART 2 OF 4: Choosing an Agent and Giving Clear Instructions

The two decisions that determine whether a directive works.

A directive is only as effective as the person named to carry it out and the clarity of the instructions given. These two choices deserve genuine thought rather than a quick signature. This article addresses how to select a healthcare agent and how to express instructions that will actually guide decisions.

Selecting your agent

Your agent will speak for you at difficult moments, sometimes under pressure from other family members and sometimes in disagreement with medical staff. Choose accordingly:

• Someone who will honor your wishes even when they differ from that person's own preferences.

• Someone able to remain composed and ask questions in a clinical setting.

• Someone reasonably available, whether nearby or reachable when needed.

• Someone willing to serve — have the conversation before naming the person.

Who may not serve

California restricts certain individuals from acting as your agent. Your supervising health care provider, and generally an operator or employee of a community care facility or residential care facility where you are receiving care, may not serve as your agent unless that person is related to you or a coworker in specified circumstances. Naming alternate agents is also advisable in case your first choice cannot serve.

Giving instructions that guide

Instructions can range from broad statements of values to specific directions about particular treatments. Both approaches have merit. Highly specific instructions provide clarity but may not anticipate the actual situation; broader statements of values give your agent room to apply your priorities to circumstances you did not foresee. Many well-drafted directives include both.

Common subjects to address

• Whether you would want life-sustaining treatment prolonged, or withheld or withdrawn in defined circumstances.

• Your preferences regarding artificial nutrition and hydration.

• The relief of pain, even if it may affect alertness or hasten death.

• Preferences regarding place of care, such as remaining at home where possible.

• Organ and tissue donation, and instructions regarding your remains.

Talk to the people involved

The document should not be the first time your agent learns your views. A conversation with your agent, your family, and your physician makes the directive far easier to apply and reduces the likelihood of conflict later.

How West Coast Health Law Can Help

We help clients think through agent selection and draft instructions that are clear enough to follow and flexible enough to apply to real circumstances.

West Coast Health Law offers a FREE consultation which you may schedule by clicking the button on our website.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws change and every situation is different; consult a qualified attorney about your specific circumstances.