Do I have to appoint an agent? Can it be someone other than a family member?

You do not have to appoint an agent.  You can make a directive limited to instructions only about your care.  We recommend that you appoint an agent to act on your behalf for all care you are directing.  The appointment of an agent to carry out your wishes means a stronger, more flexible directive, with someone who will work with providers on your behalf at a time when you aren’t doing well. An agent can apply your instructions and wishes to new situations.

  •  A health care provider giving you services on the day you sign the document cannot be an agent, unless related to you.  Your agent should not be the owner, operator or employee of a health or residential or community care facility serving you.
  • Your case manager should not be an agent due to the potential for conflict of interest between job requirements and following your instructions.
  •  Otherwise, your agent can be anyone 18 or older, including family members, partners, and friends.  The person should be someone who uses good judgment and whom you trust to carry out your wishes.

*SOURCED FROM THE MINNESOTA DISABILITY LAW CENTER ADVANCED PSYCHIATRIC DIRECTIVE AND HEALTHCARE DIRECTIVE

Category: General PAD Form FAQs

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