One of the most important steps in planning for future care is establishing a health care surrogate. This legal designation ensures that medical decisions can be made if an individual becomes unable to communicate their wishes. 

A health care surrogate, also referred to as a health care proxy, is authorized through a legal document to make medical decisions on behalf of an individual who is unable to do so. The surrogate’s authority begins when the patient lacks decision-making capacity due to conditions such as dementia or cognitive decline, and ends when the patient regains capacity or passes away. 

Responsibilities of a Health Care Surrogate 

The health care surrogate has the legal right to handle medical issues. Your surrogate might need to take care of things like: 

• Speaking with physicians and healthcare providers 
• Applying for public healthcare benefits 
• Managing admission to hospitals, rehabilitation centers, or nursing facilities 
• Consenting to or declining medical treatment 

The main job of a surrogate is to respect the patient’s wishes. If those wishes aren’t clear, the surrogate should make choices that are in the patient’s best interest. 

Selecting a Health Care Surrogate 

Picking the right surrogate is a careful process. The best person for the job isn’t always the most obvious choice. A surrogate should have important qualities, such as: 

• Trustworthiness and emotional stability  
• Availability and ability to be present when needed 
• Ability to advocate when necessary 
• Familiarity with the person’s wishes and values 

It’s also important to name at least one alternate surrogate in case the first choice isn’t willing or able to serve. 

Communication with surrogates 

Picking a surrogate is only the first step. It’s also important to talk in advance about your wishes for medical care, comfort, and end-of-life choices. If you don’t have these talks, your surrogate may have to guess, which can cause stress or disagreements in your family. Starting these conversations can be hard, but you could begin by asking, “If time were short, what would comfort look like for you?” This kind of question can help everyone talk openly about what matters most. 

Health Care Surrogate vs. Power of Attorney 

A power of attorney typically handles financial and legal matters, while a health care surrogate focuses solely on medical decisions. Both roles are important, and many families choose to have both in place to ensure their loved one is fully covered. 

Sometimes, a person may let their surrogate help even if they are not incapacitated. This can be useful for people with chronic illnesses who can make decisions but may not have the energy or strength to handle ongoing medical care. 

What happens without a surrogate? 

It’s also essential to consider the implications of not designating a health care surrogate. If no health care surrogate is chosen, many states have laws that decide who can make medical decisions. These laws usually put spouses or close family members first, but the person chosen by default may not be who the patient would have picked. 

No one likes to imagine a medical emergency, but planning ahead helps the individual and their loved ones. Oftentimes, failing to plan can lead to situations where a court-appointed guardian must be assigned to make medical decisions, a process that can be both costly and time-consuming. These delays can cause unnecessary stress for families in already challenging times.  

For families caring for aging parents, spouses, or relatives, especially those relying on in-home care, selecting a health care surrogate ensures that decisions are made with intent rather than urgency. Reach out to our team today to learn more about our services.