Thoughts on Designating an Agent

Visual capture of an example Massachusetts Health Care Proxy form.

You may remember the devastating legal battle over the care of Terri Schiavo. She was only 26 years old in 1990 when she suffered a heart attack that left her in a persistent vegetative state.

Why is this relevant now? Terri had not named a healthcare agent.

She was 26. Most of us don’t consider naming an agent because we are not older but needing a healthcare agent is not specific to aging. Terri’s husband wanted to have her feeding tube removed believing she would not have wanted to live in a vegetative state. Her parents wanted to keep her alive, believing that’s what she would have wanted.

Her legal case drew a lot of national attention. After 15 years, a judge ordered her feeding tube to be removed, and she passed away in March of 2005.

Terri’s case gave me a pause and made me think about my individual autonomy. I still wonder how things would have turned out had she designated an agent.

Did you know that a spouse or family member does not automatically have the legal authority to make decisions in Massachusetts?

We must appoint an agent with a Health Care Proxy. Our agent is the person we designate to make decisions based on what we want, and a Health Care Proxy is the legal document where we name our agent. It is like a personal roadmap for our agent to get the care that’s right for us. In some states, Health Care Proxy is called a Health Care Power of Attorney.

Starting at age 18, we should all designate a healthcare agent.

Who can be an agent? This person can be anyone we choose who will honor our medical decisions if we can’t, if even for a short duration. This person can be a family member, a close friend, or even a trusted clergy member.

Our agents make decisions based on what we tell them about our values, beliefs, and care choices. If our choices are unknown, they will make decisions based on what they believe to be in our best interest.

If it becomes needed, our agent will consult with our healthcare providers about our medical condition as well as the risks and benefits of possible treatment options. Our agent will look at our medical records, testing done, and then make decisions based on our goals and choices. It is important for us to choose someone who can make decisions based on what we want and not necessarily what they want for us. Keep in mind that this could be especially difficult for some people.

Our agent steps back when we can make our own healthcare decisions. Despite how it may feel, designating an agent does not reduce your autonomy, it strengthens it.

If you need extra motivation, February is American Heart Month, a time to raise awareness and promote heart health in your community. February is also the perfect time to talk with your family and friends and get everyone to name a healthcare agent!

Go visit the Honoring Choices of Massachusetts website for all the resources you need for choosing an agent.

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