Choose a Health-Care Decision Maker in Portola Valley

Start with the role you want to assign

The central purpose of a health-care agent designation is to identify who may make health-care decisions for you. The agent’s role is about health care; it is not the same as giving someone authority over financial matters.

Before choosing, ask whether the person is willing to take on the role and likely to understand your priorities. Consider whether they can communicate clearly with you and the people involved in your care. These are practical selection questions, not a legal test.

• Would this person listen carefully and represent your preferences, even if the decision is difficult?
• Can they stay in contact with the people who may need to hear your wishes?
• Would you feel comfortable having this person speak and make decisions on your behalf?

Choose alternates and plan for communication

Think about who could step in if your first choice cannot serve when needed. Discuss the responsibility with each person you are considering rather than assuming they will be available or understand your intentions.

You can also use that conversation to explain how you want your agent to approach decisions and who you would like kept informed. A clear discussion can help the people you name understand the role you have in mind; it does not make them responsible for tasks outside the authority granted to them.

• Identify a first choice and consider one or more alternate people.
• Ask whether each person is willing and able to communicate when a decision must be made.
• Explain your priorities in your own words and invite questions about the responsibility.

Keep health-care and financial authority distinct

A health-care directive can designate an agent for health-care decisions. Financial authority serves a different purpose. Naming someone to make health-care decisions does not, by itself, give that person authority over your finances.

If you also want someone to handle financial matters, consider that as a separate planning question. The practical consequence is that a person you trust in one role may not be authorized to act in the other. Discuss which responsibilities you want covered before assuming that one appointment addresses both.

• Ask what decisions you want an agent to handle in health-care matters.
• Separately identify any financial responsibilities for which you want to plan.
• Clarify which person you expect to handle each role.

Separate the agent appointment from treatment preferences

Choosing who may speak for you and describing what care you prefer are related, but distinct planning questions. The agent designation identifies a decision maker; it does not replace the work of thinking through and communicating your treatment preferences.

If you want to address both questions, discuss them separately: who should act, and what do you want that person to understand about your wishes? This page focuses on selecting and preparing the decision maker, not on giving medical recommendations.

Prepare for a planning conversation

Before meeting with the firm, jot down the people you are considering, who might serve as an alternate, and any concerns about availability or communication. Note whether you also want to plan for financial authority so the two roles can be discussed clearly.

Codi M. Dada Law Office P.C. serves clients virtually throughout California from its in-person office in Novato. A useful next step is to discuss your proposed agent choices and the responsibilities you want each person to have.