Mental Health America of Virginia The voice of reason in mental health advocacy

Screen 7: Choosing an Agent

One of the most important parts of creating a Power of Attorney is naming an agent. This person will act as your representative when you lack capacity because you are unwell or injured. You can also choose an alternate or substitute agent who can make decisions for you whenever you cannot do so for yourself and your primary agent is unavailable. What if you and your agent were in the same car accident and both of you are unconscious? If you have an alternate agent, that person could step in until your primary agent is available. You can have as many alternates as you like. As you think about choosing an agent and alternate agent(s), there are many things to consider.

If you have someone in mind, be sure to talk to that person and ask if he or she is willing to be your agent-don't just assume he or she will say yes. While you are talking to this potential agent, you may need to explain what his or her job would be. You are asking this person to step in and make your medical decisions for you whenever you lack capacity to do so for yourself. This is a big responsibility and it is important for the potential agent to know this before he or she agrees to do it for you. The most important qualification for an agent is trust-you have to be able to trust this person completely to make decisions for you which are important and sometimes difficult. You do not have to choose a relative-you can choose anyone who is at least 18 years old. Some things to consider when choosing an agent:

 • Will the person make decisions based on what you would want, and not on what they would want?
• If your values or religious beliefs are different, can this person make decisions based on your values and beliefs rather than his or her own?
• Can this person be contacted quickly and easily? If the person does not have a phone or tends not to answer the phone, you should probably pick someone else. The person does not have to live in Virginia, but he or she must be available to speak to your doctors and make decisions by phone.
• Is there a conflict of interest? For example, will the person inherit a lot of money when you die? Even if the answer is yes, you still may decide to choose that person because your close relationship is more important than the conflict of interest.
• Can this person make tough decisions in an emotional crisis? Not everyone holds up well under pressure and someone who is very logical under most circumstances may fall apart in a crisis. You want someone who keeps their cool in a crisis.

• Do you want to put this person in a possibly tough position where he or she will have to stand up to other loved ones who may disagree? Can this person stand up to the rest of your family, friends and doctors to do what you would want? Is this person emotionally strong enough to handle that possibility?

NEXT - Screen 8: Agent Powers

SKIP - skip agent section and proceed to Screen 15: introduction to Medical Directives

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