It’s natural for people with aging parents to worry about their parents’ health. Those concerns could include questions about who would make decisions in the event of their incapacity. Appointing a healthcare surrogate or proxy makes those situations more manageable. However, selecting the right person for this role is crucial. This post explores tips for helping you and your parent select the right healthcare proxy.
Selecting a Healthcare Proxy for Your Senior Parent
A healthcare surrogate, proxy, or agent is a person appointed to make healthcare decisions on someone’s behalf. They only step into this role if the individual is incapacitated and unable to make decisions. The determination of incapacity typically comes from attending doctors, but courts often have a say.
The proxy’s role is communicating with doctors and ensuring the individual’s healthcare wishes. They might have access to medical records, select healthcare providers, and make treatment decisions. The law requires them to always act in the individual’s best interest and follow any known wishes. The proxy’s power does not extend beyond healthcare, meaning they cannot make financial decisions.
Who Can Be a Healthcare Proxy?
You may encounter various restrictions on who can be a proxy for your parent. General guidelines state that the proxy must be over 18 years old and of sound mind. Some states require proxies to be older. Beyond that, almost any person can serve as your parent’s agent. It could be a spouse, a close relative, a friend, you, or one of your siblings.
Some state laws may further prohibit who can be a surrogate. For example, your parent’s treating physician can’t be their surrogate. If your parent is in a long-term care home, the law typically excludes its employees from being proxies for residents. It is essential to check state-specific laws when selecting a healthcare agent.
The Qualities of a Good Surrogate
Once you determine a legally eligible person to act as your parent’s agent, there are other qualities to consider. This person should be reliable and capable of making difficult decisions. Most importantly, it should be someone you and your parent trust to uphold their wishes. Additionally, you’ll want it to be someone who will be available in an emergency, so they should live nearby.
Emotional stability is also key. A good surrogate must stay calm under pressure and be able to navigate potential family conflicts. Strong communication skills help ensure they can effectively advocate for your parents’ care.
Avoid selecting anyone with potential conflicts of interest, even if the individual is legally eligible. That excludes your parent’s healthcare providers or court-appointed guardians and conservators. You should also avoid anyone who has trouble making decisions in high-pressure situations.
Selecting a healthcare proxy is a decision you should make before it becomes necessary. Open conversations with your parent about their preferences can help ensure their wishes are honored. You and your parents may also want to consider advance directives to formalize some healthcare decisions. It is also important to remember that state laws vary, so families should consult an attorney.
Do you need help with incapacity planning for your aging parent? Our elder law experts are your guides to everything from healthcare surrogacy to power of attorney and more. Click here to contact the Scott Law Offices.
