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"If this is death, I don't think much of it."
Critic Lytton Stachley's last words
Quoted in Jones, Clarence,
The Complete Book of Death and Dying.
New York: Harper Collins. 1997
Your health care agent is the person you appoint in the Health Care Power of Attorney
to make health care decisions for you when you are not able to make your own decisions. (A
few states refer to this person as a "proxy.") A physician must attempt to
locate your agent, or alternate agents, if you are unable provide consent to treatment,
except in medical emergencies.
Arizona law specifically directs your agent to follow your living will. As most
people's living wills are too vague to be of much guidance, this requirement is of limited
practical importance. If your agent is called upon to make a decision not covered by your
living will, the law states that he or she must rely on all available information about
your wishes and values.
In short, anyone legally authorized to make health care decisions on your behalf must
try to decide as he or she believes you would decide. This is very important.
How to select a health care agent
You must have complete trust in your agents and be able to openly discuss important
personal matters with them. Your agents should know you well, understand your values and
wishes, and be willing and able to advocate for you under stressful circumstances.
Your agents do not have to live in Arizona; but, would need to be readily available in
a medical emergency if you were unable to make your own decisions. Most people select
close family members as their agents. In Arizona you may name anyone of your choosing as
your agent. Some states do not allow you to appoint a physician responsible for your care
as your agent. It is not a good idea to appoint your physician as your agent.
You may appoint an alternate or successor agent using the forms found at this site.
There is no legal limit on the number of alternate or successor agents you may appoint.
Some persons want more than one person to agree on critical decisions about their care.
If this is what you want, make certain that this is understood and accepted by all of
these persons. Authorize only one person to serve as your formal agent—the person who
will handle communications with health care providers--at any given time. Appoint others
as alternates or successors.
If you don’t appoint a health care agent, you can still complete a living will.
If you chose not to appoint a health care agent, then you may use the form at this site
to complete a living will. This will provide instructions that your physician can follow
should you lose the capacity to make your own decisions.
If you are not going to appoint an agent, please read When there is no health care agent.
Talking to your agent about your values and treatment wishes.
Now there’s a topic people are going to be eager to jump into! Talking about how
you want decisions about using and forgoing life-sustaining medical treatment may seem
awkward and even unnecessary if you are in good health. Talking about death is simply
taboo in our culture.
When you are in good health it may not seem necessary; but discussions should not be
avoided. The two most famous court cases about the right to die involved young
persons--Karen Ann Quinlen and Nancy Cruzan. Catastrophic illness in young people is
tragic and devastating to families. The value of some preparation can be great.
Talking about directives can be easier when a couple or couple with their adult
children get together to work on their documents and discuss their roles as health care
agents. Holding these discussions at a time when you are reviewing other aspects of your
life plan may make sense.
Logic may suggest that you start with broad philosophical concepts and general personal
values and proceeding to specifics. If that works for you, that is fine. Sometimes it is
easier to start by considering some of the specific choices you need to make. Then work
backward, so to speak, to discussion of the values and beliefs that appear to guide your
choices. There is no magic formula; just find what works for you. The form and supporting
instructions available at dgcenter.org has been written to help guide your discussions
with your agents (and other persons who you may rely upon to help you realize
your wishes).
Next...
Step 3: Talk with your doctor about your directives
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