Choosing a Healthcare Agent in Ontario, California

Start by comparing the documents you already have

A useful first step is to gather your current health-care directive and any financial power of attorney. These documents address different kinds of authority: a health-care directive can appoint an agent for health-care decisions, while financial authority is a separate matter. Having one does not, by itself, answer who should make health-care decisions.

Compare the names and roles in each document. Note whether your health-care directive identifies an agent and alternates, and whether the person you have in mind is also named in a financial document. Treat each appointment as a distinct choice rather than assuming one appointment covers both areas.

• List the person currently named as your health-care agent and any alternates.
• Note who is named in any financial power of attorney, separately from health-care appointments.
• Mark questions about authority or communication that you want to discuss before deciding whether a change is appropriate.

Choose an agent with communication in mind

The central decision is who you want designated to make health-care decisions for you. Consider whether the person can understand what matters to you, communicate your views to others and take on the role you are considering. These are practical questions for your selection, not a legal test or a prediction about future medical decisions.

Think through the conversation you would want to have with a prospective agent. What would you want that person to understand about your priorities? How would you like them to communicate with people involved in your care? Discussing those questions can help you decide whether the person is a good fit for the role.

• Identify one preferred agent and consider who, if anyone, you would want considered as an alternate.
• Discuss how you want your agent to understand and communicate your preferences.
• Consider whether the people you name know about the role you are contemplating.

Keep the agent appointment distinct from treatment preferences

Naming a health-care agent and stating treatment preferences are related planning questions, but they are not the same decision. The directive can designate an agent for health-care decisions; the appointment alone does not tell you what written preferences should say.

If you want to communicate treatment preferences in writing, identify that as a separate topic to address. This page focuses on selecting the decision maker, alternates and the authority you want to discuss, rather than recommending particular medical choices.

Prepare for a focused review

Before discussing a possible change, collect the health-care directive and any financial power of attorney you can locate. Write down the people named in each, the questions you have about their roles, and any communication priorities you want a prospective agent to understand. This makes it easier to compare the separate appointments and identify what you still need to decide.

Codi M. Dada Law Office P.C. serves clients virtually throughout California from its one in-person office in Novato. A focused next step is to discuss your existing documents and your preferred agent and alternate choices with the firm, then identify which health-care planning questions remain open.