Why Naming Multiple Children to Act Together as Agents or Patient Advocates Is Often Impractical
As people age, they may decide to empower their children to help handle medical affairs. Parents may choose to execute powers of attorney or designations of patient advocate to empower their children to make medical decisions for them should they become incapacitated. However, parents can make things more difficult by giving all their children equal authority to serve as agents or patient advocates. Alternative arrangements may more effectively ensure the efficient management of a parent’s medical needs in the event of incapacity.
The Role of Agents and Patient Advocates
Under a healthcare power of attorney or a designation of patient advocate, a person may authorize a trusted loved one to make healthcare, end-of-life, and other financial decisions on their behalf should they become unable to do so due to physical or cognitive incapacity. In many cases, an agent’s or patient advocate’s powers go into effect upon a parent’s incapacity, which may occur suddenly due to injury or medical emergencies like heart failure or stroke. As a result, having someone expressly empowered to take decisive action on a parent’s behalf for their medical care can save precious minutes or hours during a medical emergency.
Why Parents Choose Multiple Children to Serve at Once
Parents who have two or more children may choose to authorize all their children to make medical decisions for them during a period of incapacity with equal authority. A parent may choose such an arrangement to avoid appearances of favoritism. Parents may also want to ensure a “shared responsibility” among their children, so that no one child feels overburdened with managing their parents’ care. A parent might not expect problems to arise by naming multiple children to serve as their healthcare agents or patient advocates, believing that their children can work together to make healthcare decisions for them.
Practical Problems with Multiple Agents or Advocates
Unfortunately, naming multiple children to serve as healthcare agents or advocates can pose various complications for a parent’s healthcare, such as:
- Delays in Decision-Making – Healthcare decisions in medical emergencies may require quick action. However, healthcare providers may delay treatment to ensure that all authorized children serving as agents or advocates agree on a course of action, which can stall urgent care.
- Disagreements and Conflicts – Children may have differing opinions over specific treatment options or differing preferences for healthcare providers. These conflicts can escalate due to the stress of having a parent facing serious health problems or a medical emergency.
- Logistical Challenges – Coordinating signatures for consent forms or arranging discussions of medical treatment options can become difficult when children live in different states. Alternatively, healthcare facilities may reject instructions in a power of attorney or designation of patient advocate if they require signatures from each child, potentially leading to one child making medical decisions over their siblings’ objections.
Better Alternatives for Parents
Parents with multiple children may pursue alternative arrangements to ensure efficient management of their healthcare while remaining mindful of family dynamics, such as:
- Naming one child as the primary agent or advocate, and naming each other child as a succeeding agent/advocate. Parents may choose the closest residing child, one with the most familiarity with their health circumstances, or one with training as a healthcare professional to serve as the primary agent/advocate.
- Discussing the selection of the primary agent and healthcare treatment preferences in advance to ensure clarity and minimize conflicts or tension.
- Holding family meetings to communicate decisions regarding estate planning choices.
Contact an Estate Planning Attorney Today
Although parents may want to treat all their children fairly by granting them equal authority over their parents’ medical care, such arrangements can present various impracticalities. Contact Bingham Legal Group PC today for a confidential consultation with an estate planning lawyer to discuss alternatives that work best for your needs and your family’s interests.