An Agent’s Role for Durable Power of Attorney for Health Care

An agent’s duty

Your agent respects your wishes in the following ways: 

• Your agent’s duty is to see that your wishes are followed.

• If your wishes aren’t known, your agent should try to decide what you want.

• Your agent’s choices come before anyone else’s wishes for you.

• A durable power of attorney for healthcare does not give your agent control over your money . Your agent also can’t be made to pay your bills.

Find out what your agent can do

Restrictions on what an agent can and can’t do vary by state. Check your state laws. In most states your agent can:

• Choose or refuse life-sustaining and other medical treatment on your behalf

• Consent to treatment, and then stop treatment if your condition doesn’t improve

• Access and release your medical records

• Request an autopsy and donate your organs, unless you’ve stated otherwise in your advance directive

Find out whether your state allows your agent to do the following:

• Refuse or withdraw life-enhancing care

• Refuse or stop tube feeding or other life-sustaining care—even if you haven’t stated on your advance directive that you don’t want these treatments

• Order sterilization or abortion