What Are the Responsibilities of a Health Care Agent?
Do you have a person in place who can legally make health care decisions on your behalf if you become unable to do so yourself? This person is known as a health care agent, and you can name a health care agent by creating a Georgia Advance Directive for Health Care. The advance directive combines two important types of advance directives that are often completed separately in other states: a living will, and a durable power of attorney for health care. When you complete an advance directive for health care, you will be able to make clear all of your wishes for care (or the withholding of care) in certain situations, and to name a health care agent.
When you name a health care agent, what are the responsibilities that person will take on? Our Gwinnett County estate planning attorneys can tell you more.
Duty to Act in the Role of Health Care Agent
Once you name a health care agent, what responsibilities or duties does that person have? Unless you become incapacitated, that person will not have any duties; you will continue to make health care decisions on your own. In the event you do become incapacitated, then the health care agent’s ability to act kicks in.
It is important to know that Georgia law does not require a health care agent to act simply because they have been named in this position; there is no duty to act on your behalf. Accordingly, you will want to make sure you name a person who you trust to act on your behalf if the need arises. If the health care agent does decide to act, they cannot make decisions that are different from those you have indicated or that contradict your wishes. According to Georgia law, “all of the health care agent’s actions must be consistent with the intentions and desires of the declarant.” If those intentions and desires are not known or are not clear, then the health care agent has a duty to act in your best interest.
Specific Responsibilities of a Health Care Agent
The following are the responsibilities of a health care agent under Georgia law:
- Consent to or authorize, or withdraw consent from or refuse, medical care or treatment of any type;
- Sign all health care documents;
- Negotiate and enter into agreements;
- Accompany the declarant (the person who created the advance directive) in an ambulance;
- Admit or discharge the declarant from a health care facility;
- Visit and consult with the declarant; and
- Handle consent issues concerning medical records.
The health care agent must also “do all other acts reasonably necessary and carry out duties and responsibilities in person or through those employed by the health care agent.” A health care agent cannot, however, delegate their decision-making duties to another person.
Contact a Norcross Estate Planning Attorney
If you have not already created an advance directive for health care and named a health care agent, it is extremely important to do so. As we discussed above, in the event that anything happens to you that you cannot voice your own health care decisions, your health care agent can voice those decisions on your behalf. You should be sure to name a health care agent who has agreed to serve in this capacity, and it should be someone you trust. An experienced Norcross estate planning lawyer at Bowman Law Firm can speak with you about your advance directive and all other essential aspects of estate planning in Georgia. Contact us today.
Source:
law.justia.com/codes/georgia/title-53/
