The most important consideration is choosing someone who can reliably make medical decisions that reflect your values and wishes, especially during stressful situations. Choose a person you trust to act in your best interests who is willing to accept the responsibility and follow your instructions, and make sure your agent understands your preferences about treatments, life-sustaining care, pain management, end-of-life decisions, and quality-of-life issues by having detailed conversations before naming them. Consider whether the person can make difficult decisions under pressure while remaining calm and well-informed, and whether they are willing to advocate for you by speaking with doctors, nurses, and family members, asking questions, and ensuring your wishes are respected. Think about availability and location. Someone nearby may be helpful, but a person farther away can still serve effectively if they are responsive. Also consider whether the person can communicate respectfully and handle disagreements with family members while prioritizing your wishes over their own. Evaluate the agent’s age and health to ensure they are likely to be able to serve when needed. Strongly consider naming an alternate agent (or 2) in case your first choice cannot serve. Confirm the person’s legal eligibility to serve under Wisconsin law. As good practice, talk with your chosen agent before signing the document, explain your health care values, and provide them with copies of your health care power of attorney and related documents so they are prepared to act if the need arises.
Please contact our Madison, Wisconsin estate planning attorneys if you would like to learn more on this topic!