What is an Appointment of Health Care Representative?

March 7, 2015

An Appointment of Health Care Representative is a document in which you name a person (the “health care agent”) to make health care decisions for you if you are unable to make or communicate them yourself.  The health care agent has a duty to follow your wishes even if the agent does not agree with them. If your health care agent does not know your wishes, the health care agent must determine what is in your best interest and act accordingly. You can revoke your Appointment of Health Care Representative at any time if you have the capacity to do so.

An Appointment of Health Care Representative is used to avoid the need for conservatorship proceedings in the Probate Court in the event that your doctor decides that you are not able to make medical decisions on your own.  If you do not have an Appointment of Health Care Representative , the Probate Court would appoint a conservator of your person to make those decisions for you.

Unless specifically limited by the document, your health care agent’s authority extends to obtaining medical information and making all medical decisions on your behalf, including decisions regarding the use of life-sustaining medical technology.  It is important that your health care agent have as much information from you as possible to assist him or her in making those decisions.  For this reason, some people like to sign so-called “Living Wills.”