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health care proxy

Q&A: Choosing the right health care agent

May 19, 2025 By Liz Weston Leave a Comment

Dear Liz: There is a lot of dysfunction and drama in my family so in my will, I’ve named a friend to be my executor. But I don’t think she’s the best person for my advance healthcare directive. She’s too nice and I think she would cave under pressure from my family. Can I choose someone else?

Answer: Absolutely, and often that’s the best choice.

Your executor is the person who will settle your estate after you die. You should pick someone you know to be trustworthy and diligent. The executor (or successor trustee, if you have a living trust) doesn’t need to be a financial expert, since they can use estate funds to pay for legal and tax help.

The person who makes healthcare decisions for you may need another set of skills. They may face considerable pressure from others, including family, friends or the medical establishment, so you’ll want someone who not only understands your wishes for end-of-life care but who will fight to carry them out.

Your advance care directive or living will is the document where you articulate your wishes for the care you do and don’t want at the end of your life. You’ll also need to create a medical power of attorney, which is where you name the person you want to speak for you if you become incapacitated. Even a detailed advance care directive can’t cover every circumstance, and the power of attorney will help ensure that your chosen person can advocate for you no matter what happens.

You’ll need one more document, which is a financial power of attorney. This names someone who can pay your bills and otherwise handle your finances if you become incapacitated. You can name your executor, the person you named for healthcare decisions or some other person to serve this role. Check with your financial institutions, since they may have their own documents they’ll want you to use.

If possible, you should name at least one backup for each position, since people may not be able to serve when the time comes. Also, your wishes or circumstances could change over time, so all these documents should be reviewed at least annually and updated as necessary.

Filed Under: Estate planning, Q&A Tagged With: advanced care directive, Estate Planning, executor, health care proxy, healthcare power of attorney, living will, medical power of attorney, power of attorney, power of attorney agent

Take control now with advance medical directives

June 2, 2020 By Liz Weston

If you get COVID-19 and struggle to breathe, would you want to be put on a ventilator? Whatever your answer, ask yourself another question: Who would make your wishes clear if you couldn’t speak for yourself?

Advance directives — an umbrella term that includes living wills and health care proxies or powers of attorney — are legal documents that all of us need but that many of us don’t have. A living will allows you to tell your loved ones and medical providers what kinds of medical care you want at the end of your life. Health care proxies or powers of attorney allow you to designate someone to make medical decisions for you if you can’t communicate.

In my latest for the Associated Press, why it’s important to have both documents regardless of how healthy you may be right now.

Filed Under: Liz's Blog Tagged With: advance directive, health care proxy, living will, power of attorney

Friday’s need-to-know money news

March 28, 2014 By Liz Weston

images (2)Today’s top story: The importance of having your affairs in order. Also in the news: Why you should save more for retirement, when it’s time to take over your parents’ finances, and when to smash the piggy bank containing your emergency fund.

A Cautionary Tale: Get Your Affairs In Order Now
Don’t let the biggest decisions in your life be left to chance.

5 Steps To Retraining Your Brain To Save More For Retirement
It’s not just about when you retire; it’s also how you retire.

How to Swoop In and Manage Your Parents’ Finances
Before it’s too late.

When Should I Dip Into My Emergency Fund?
What constitutes an actual emergency?

5 Last Minute Apps to Help You Get Through Tax Season
Your phone or tablet isn’t just for Candy Crush.

Filed Under: Liz's Blog Tagged With: financial apps, health care proxy, managing elderly parents, personal affairs, power of attorney, tax refunds, tax season, Taxes

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