Dismiss Modal

Understanding Healthcare

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

Choose a preferred language

It’s impossible to know which medical treatment choices you might face in the future. What if you aren't able to make these decisions for yourself? A durable power of attorney for healthcare lets you name an agent to speak and carry out your wishes on your behalf. This happens only if you can’t express your wishes yourself. An agent may also be known as a healthcare proxy, representative, or surrogate.

Two women looking at paperwork together.


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

© 2000-2025 The StayWell Company, LLC. All rights reserved. This information is not intended as a substitute for professional medical care. Always follow your healthcare professional's instructions.
Related Articles
Read more →
Wellness
Choosing an Agent

A durable power of attorney for healthcare is only as good as the person you name to be your agent. If this person knows your treatment wishes and is willing to carry them out, you’ll probably be well-represented. Be sure to tell your agent what’s important to you.

Read more →
Hospice Care
Being a Healthcare Proxy

A healthcare proxy represents another person when that person can't speak for themself. The name of this role varies by state. It may be called a Durable Medical Power of Attorney or Durable Power of Attorney for Healthcare.

Read more →
Wellness
Advance Medical Directive

An advance medical directive is a form that lets you plan ahead for the care you’d want if you could no longer express your wishes. This statement outlines the medical treatment you’d want or names the person you’d wish to make healthcare decisions for you. Be aware that laws vary from state to state, and it may be worthwhile to talk with an attorney.

Read more →
Hospice Care
Understanding Advance Care Planning

Advance care planning is the process of deciding one's own future medical care. It helps to make sure that if you can't speak for yourself, your wishes can still be carried out. The plan is a series of legal documents that note a person's wishes. The documents vary by state.