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Agent under your health care power of attorney/living will

Role of the Agent of Your Health Care Power of Attorney

The health care power of attorney/living will allows you to set forth your personal preferences with regard to the use or application of certain life sustaining procedures which serve to prolong your life artificially if you are in a terminal condition or permanent state of unconsciousness. It also allows you to choose an agent to make these (and other) health care related decisions for you if you are incapaciated.

As with all other fiduciary appointments, a primary and successor should be considered and appointed. The appointment of multiple agents who serve together is not forbidden, but consideration needs to be given to the possibility of disagreement. For example, if you appoint two of your children as the agents and they disagree, who will the doctor or health care provider take direction from? You should select someone as your agent whom you trust to be able to receive and process medical information from your health care providers and make decisions based upon your directions (and not their personal preferences).

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