Why You Need to Talk to the Person Named in Your Advance Health Care Directive
Creating an Advance Health Care Directive (also known as a Durable Power of Attorney for Healthcare) is an important step in protecting yourself and your loved ones. However, many people make one critical mistake after signing the document: they never have a meaningful conversation with the person they appointed to act as their health care agent.
While your directive provides legal authority and written instructions, it cannot anticipate every medical situation that may arise. The person you choose as your health care agent may someday be asked to make difficult decisions on your behalf. The more they understand your wishes, values, and priorities, the better equipped they will be to honor them.
Your Agent May Face Difficult Decisions
Medical emergencies often do not fit neatly into a checklist of predetermined choices. Doctors may present treatment options that were never specifically addressed in your directive. Your health care agent may need to decide whether to pursue aggressive treatment, whether a particular surgery is consistent with your wishes, when comfort care should become the primary focus, how to balance quality of life against extending life and what risks you would be willing to accept for a chance at recovery. Without guidance, even the most well-intentioned agent may struggle to know what you would want.
Written Documents Have Limits
An Advance Health Care Directive is an essential legal document, but it cannot capture every personal belief, value, or preference. For example, you may feel strongly that maintaining independence is more important than prolonging life, you would accept significant medical intervention if recovery is likely or you would not want prolonged treatment if there is little chance of meaningful recovery. You may also want religious, cultural, or personal beliefs to guide certain decisions. These types of preferences are often best communicated through conversation rather than legal language.
The Conversation Can Reduce Family Conflict
One of the most common sources of conflict during a medical crisis is uncertainty. When family members do not know what their loved one wanted, disagreements can arise about treatment decisions. Siblings may have different opinions. Relatives may question the decisions being made by the appointed agent. Emotions often run high during these situations. By clearly communicating your wishes ahead of time, you give your health care agent confidence and provide family members with reassurance that decisions are being made according to your instructions—not personal preferences.
Tell Your Agent Why You Chose Them
Many people are surprised to learn they have been named as someone’s health care agent. Consider explaining why you selected them and what qualities you trust in them. Most importantly, you should discuss whether they are comfortable serving in that role. This conversation allows your chosen agent to ask questions and better understand your expectations.
Discuss More Than Medical Procedures
Rather than focusing solely on specific treatments, discuss the values that guide your decisions. Understanding your values often helps an agent make decisions in situations that could never have been predicted.
Consider questions such as:
- What makes life meaningful to you?
- What level of independence is important to you?
- What outcomes would you find acceptable or unacceptable?
- What are your priorities if faced with a serious illness?
- How important is comfort compared to extending life?
This Shouldn’t Be a One-Time Discussion
Your wishes may change over time. Relationships evolve. Medical conditions develop. New life experiences may influence your perspective. For these reasons, it is wise to revisit the conversation every few years and whenever there is a significant change in your life or health.
Give Your Agent a Copy of the Documents
After discussing your wishes, make sure your health care agent has access to your Advance Health Care Directive and knows where the original document is stored. A conversation is invaluable, but it works best when combined with a properly executed legal document that clearly identifies who has authority to act.
One of the Greatest Gifts You Can Give
Many people view estate planning documents as gifts to their families because they provide clarity during difficult times. The same is true of your Advance Health Care Directive. By taking the time to discuss your wishes with your health care agent, you provide guidance when it may be needed most. You help reduce uncertainty, minimize potential family conflict, and increase the likelihood that your medical care will reflect your personal values and preferences. The document gives your agent legal authority. The conversation gives them the confidence to use it wisely.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
Lee A. Drizin, Esq. is the founder of Drizin Law and has practiced in Las Vegas for over three decades. His work focuses on probate, estate planning, trusts, and guardianship, with particular experience handling contested probate and administration matters. A UNLV graduate with a Master of Laws in Taxation from Boston University, Lee has built his career helping Nevada families navigate some of the most difficult times in their lives.
