Who Should I Appoint to Make Medical Decisions for Me?

A Medical Power of Attorney (also known as a Health Care Power of Attorney) is a crucial legal document. It allows you to name someone you trust to make health care decisions on your behalf if you are unable to make those decisions yourself.

As estate planning attorneys, we believe everyone should have a health care power of attorney. But once you’ve decided to put one in place, the next question becomes:

Who is the best person to appoint as your agent?

If you’re married and your spouse is capable, that’s often the most straightforward choice. But what if you’re not married, your spouse is unavailable, or you need to name an alternate? Many people choose an adult child or other close relative—but whoever is on your short list, consider the following factors before making your decision.

1. Location Matters

While it’s not a legal requirement, choosing someone who lives nearby can be incredibly helpful. Your agent may need to visit you at the hospital, meet with doctors, or assist with ongoing care decisions. Having someone local can reduce delays and improve communication with health care providers.

2. Health Care Experience

If someone on your list has a medical or health care background, that’s a bonus. Nurses, doctors, or professionals in health-related fields often have a better grasp of medical terminology and systems. That said, this is not a requirement—what matters most is trust and sound judgment.

3. Availability and Flexibility

This is often overlooked but very important. Your agent needs to have the time and flexibility to be present when needed, especially during emergencies or long hospital stays. If you have several good candidates, the one with the most flexible schedule might be the best fit.

4. Decision-Making Skills

Choose someone who can make calm, informed, and confident decisions under pressure. Your agent may need to weigh complex information and advocate on your behalf. If someone is prone to procrastination or indecisiveness, they may not be the best choice.

5. Strong Communication

Your agent should be someone who can communicate clearly and effectively with doctors, nurses, and your family. They should be able to ask questions, understand answers, and keep others informed without creating confusion or conflict.

Should I Appoint One Person or Multiple People?

While it may seem safer to name multiple people, we strongly recommend appointing a single agent whenever possible.

Having multiple agents can:

• Cause delays if they disagree
• Lead to confusion or miscommunication
• Make health care providers unsure of who to follow

If you do wish to name more than one person, it’s best to designate one as the primary agent and another as a backup, rather than co-agents with equal authority.

This is a good issue to discuss with your estate planning attorney to ensure your documents reflect your wishes clearly and effectively.

Final Thoughts

Sometimes the choice is easy. Other times, it takes thoughtful consideration. There’s often no perfect answer—only the best answer for your situation.

If you have questions about creating a Kansas Health Care Power of Attorney, our team at Minter & Pollak, LC is here to help. We offer free initial consultations and can walk you through every step of the process.

📞 Call us today at (316) 265-0797 to schedule your consultation.

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