Healthcare Agent
A healthcare agent is your advocate for your medical healthcare wishes and is empowered to make healthcare decisions for you if you are unable to do so.
Considerations:
What should you consider when choosing a healthcare agent?
- The person you choose to represent you should be someone you trust who is at least 18 years of age.
- They can be your spouse, next of kin, or another family member.
- Your healthcare agent does not have to be a family member—it can be a friend, a member of the clergy, a neighbor or a professional who specializes in serving individuals in this way.
Be aware that you cannot appoint your primary care physician or any other healthcare practitioner involved in your care, unless they are related to you by blood, marriage or adoption.
You should consider naming an alternative representative or two to step in if your primary agent is not available. Once you’ve chosen someone, make sure those close to you and your doctor or healthcare provider knows who you have chosen to represent your interests.
Considerations when choosing a healthcare agent:
- Are they assertive? You want someone who is comfortable speaking with healthcare providers and advocating for you.
- Are they comfortable talking about death? They will need to speak openly about death and dying.
- Do they live nearby or easily able to communicate with local providers? When a health crisis occurs, having someone local can be important.
- Will they respect my decisions? They need to understand where you’re coming from and be willing to honor your requests.
Early conversations matter.
Talk about your preferences regarding the extreme measures doctors might use to prolong your life. Before naming your healthcare agent, make sure they are comfortable with and clearly understand your choices. When discussing your request, let them know there is no financial liability attached to this role.
Healthcare Agent for Healthcare Decisions
Your healthcare agent is your spokesperson when you’ve become incapacitated.
For example, if you have been diagnosed with early stage Alzheimer’s, your designated healthcare agent would begin to act – or continue to act – on your behalf when the disease progresses and you are unable to act on your own.
Access to Medical Records
The best way to avoid an inability to access medical information and/or decision-making disputes is through the execution of an Advance Healthcare Directive, where you have named an appropriate healthcare agent and also authorize the release of medical records to that person.
Your healthcare agent will have the authority to make all health care treatment decisions. They must be provided with access to your medical records and information regarding medical conditions and prognoses. Additionally, your agent becomes your “Personal Representative” under HIPAA (Health Insurance Portability and Accountability Act), which entitles the healthcare agent to the same rights as you, the patient, as it relates to disclosure of medical records and information.
In addition, you or your health care agent can complete a HIPAA Release Form (see below) to designate others who may have access to your medical records and information.
Healthcare Agents
for Those Without Anyone to Designate
If you’re facing a situation where you need to designate a healthcare agent but don’t have a trusted friend or family member to take on that role, there are professional services that can help. This document provides a list of organizations and professionals in New Mexico who may be able to serve as a healthcare agent or offer guidance in making this important decision. These resources include guardianship and care management services, legal assistance, and general support options such as estate planning lawyers, death doulas, support groups, and faith-based organizations. Please note that while the Legal Resources for the Elderly Program (LREP) can offer legal advice, they do not provide specific referrals for healthcare agents.
Medical Information Release Form
(HIPAA Release Form)
A HIPAA Release Form is a document that allows the release of your medical records which are protected under HIPAA (the Health Insurance Portability and Accountability Act). On the form you, or your health care agent, provide the name(s) of designated representative(s) who are permitted to receive your medical records and health information. A HIPAA Release form can be revoked or reassigned at any time by the patient.
Updated March 23, 2024
RESOURCES:
Sun and Moon Eldercare management offers a holistic client-centered approach to supporting older adults and their families. We help navigate the challenges of growing older by serving as an advocate to preserve and promote dignity and quality of life.
Visit: SunAndMoon Eldercare’s website
An important step in having the conversation about your wishes for care through the end of life is choosing a health care agent (also known as power of attorney for health care, or surrogate decision-maker). The Conversation Project offers tools on how to start the conversation and resources guides on how to choose or how to be a Health Care Proxy.
Get started HERE.