Who Can I Name As My Health Care Agent Or As My Attorney-In-Fact For Health Care Or As My Conservator?

You can name the same person to be your health care agent and as your attorney­in­fact for health care decisions or to be your conservator. The following persons cannot be named your health care agent: your physician if you are a patient at a hospital or nursing home or if you have applied for admission, the operators, administrators, and employees of the facility, an administrator or employee of a government agency responsible for paying for your medical care. Other than these restrictions, you can name anyone you feel is appropriate to serve as your health care agent. Although these restrictions only apply to the health care agent, it may be a good idea to follow them in deciding who should hold your durable power of attorney or be named as conservator. Of course, you should speak to the person whom you intend to name and be sure of his or her willingness to serve.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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