Not knowingly be in line to inherit anything from or benefit from
the death of the declarant
Not directly involved in the health care of the declarant
Only one of the two witnesses can be an employee, agent or on
the medical staff of the health care facility where the declarant
is receiving his/her health care
Restrictions on the health care agent
A physician or health care provider directly involved in the care of the
declarant may not serve as health care agent.
Duty of the health care agent to act
A health care agent has no duty to act, even if named.
If the health care agent does choose to act, s/he must not make
decisions that are different or that contradict the decisions of the
declarant.
All of the health care agent’s actions must be consistent with the
intentions and desires of the declarant.
If those intentions and desires are not clear, the health care agent’s
actions must be in the best interests of the declarant considering all of
the benefits, burdens, risks and treatments options.
Authorized responsibilities/duties of the health care agent related
to the necessary care of the declarant
1) Consent to, authorize, withdraw consent from, refuse, withhold, any and
all types of medical/surgical care, treatment, programs and/or
procedures
2) Sign and deliver all instruments (documents)
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