The Duties of a Health Care Agent in California: What You Need to Know
In California, the responsibilities of a health care agent are primarily defined by state law. Acting as a health care agent is a significant responsibility that involves making health care decisions on behalf of another person, known as the principal. These decisions must align with the principal’s preferences and best interests.
Understanding the Role of a Health Care Agent
The health care agent is tasked with carrying out the principal’s specific health care instructions and any other known wishes. If these wishes are unclear or unavailable, the agent must act in the principal’s best interests, taking into account their personal values and beliefs as much as possible.
The agent has the authority to make decisions to the same extent as the principal would if they were capable. This includes:
- Choosing or discharging health care providers and institutions.
- Approving or disapproving diagnostic tests, surgical procedures, and medication programs.
- Deciding whether to provide, withhold, or withdraw artificial nutrition, hydration, or other forms of health care.
Additionally, the agent may handle decisions that take effect after the principal’s death, such as organ donation, authorizing autopsies, directing the disposition of remains, and authorizing the release of medical records.
Limitations on an Agent’s Authority
While the health care agent has broad powers, certain limitations apply:
- The Principal’s Competency: If the principal can make informed decisions or objects to a decision, the agent cannot override their wishes, even if the principal lacks full capacity.
- Prohibited Actions: The agent cannot consent to:
- Commitment to a mental health treatment facility.
- Convulsive treatment, psychosurgery, or sterilization.
- Mercy killing, assisted suicide, or euthanasia.
- Abortion.
When No Health Care Agent is Appointed
If the principal has not designated a health care agent and lacks the capacity to make decisions, California law provides a hierarchy of legally recognized decision-makers. This hierarchy begins with a patient-selected surrogate and extends to individuals named in an advance health care directive or power of attorney for health care.
The Importance of Acting in Good Faith
A health care agent must act in good faith and within the authority granted by the principal’s advance health care directive. Their primary responsibility is to respect the principal’s wishes and act in their best interests within the legal framework provided by California law.
How Kaminski Law Group Can Help
Navigating the responsibilities of a health care agent can be complex. At Kaminski Law Group, we understand the importance of planning and clarity in these critical roles. Whether you’re appointing an agent or serving as one, we can guide you through the process to ensure legal compliance and peace of mind. Contact us today to learn more about creating or reviewing your advance health care directive.
