What to Know About Being a Healthcare Representative

Acting on behalf of a person as their healthcare representative requires you to understand the important decisions you may need to make. If your loved one becomes incapacitated, they may be unable to talk with or respond to their healthcare providers. In this circumstance, you are responsible for communicating with those healthcare professionals in order to convey that person’s preferences for their care.

As a patient’s representative, your role is to protect your loved one’s interests when they are vulnerable. Healthcare representatives have an crucial, yet challenging role, as medical decisions can significantly impact patient outcomes.

What Is a Healthcare Representative?

A healthcare representative is a person who makes healthcare decisions for someone else – that is, by representation. Those making health care decisions include healthcare agents, who the patient appoints via power of attorney, guardians authorized by the court, or legal surrogates. Legal surrogates are close family members called upon to make decisions when the patient has no agent or guardian.

Understanding the Role of Healthcare Professionals

The role of a patient representative includes:

• Reviewing and staying informed about your loved one’s medical information.
• Consulting with the healthcare team and asking questions about your loved one’s status and treatment.
• Consenting to and declining medical tests and treatments on their behalf.
• Determining the healthcare facilities your loved one receives care, including hospitals, assisted living, and nursing care.
• Facilitating communication between your loved one, doctors, nurses, and other medical staff to the extent that the person can communicate.
• Making decisions involving your loved one’s finances and insurance.

Depending on the circumstances, you might know in advance that you will serve as a patient representative, or you might take on the role unexpectedly. Should you have time to prepare for your role, keep several things in mind:

• Talk with the person you represent. Understanding their values, beliefs, and preferences regarding their treatment will help you make decisions consistent with their wishes.
• Become familiar with your loved one’s medical history, healthcare team, medical staff, and any equipment required in their treatment.
• Review relevant legal documents. Your loved one may have a power of attorney designating you as the healthcare agent and a living will describing their end-of-life wishes.

Communicating as a Patient Representative

When you assume the role of patient representative, it is crucial to have a deep understanding of the patient’s wishes and values. Since you do not know how their condition will change, it is a good idea to have conversations about their medical preferences early and often.

Consider speaking with their other close family members if the person you represent cannot. Although you are the final decision maker, those close to the patient may be able to provide additional information.

Making Decisions for a Patient’s Medical Treatment

When you make medical decisions for an individual as their patient representative, consider taking the following steps.

• Understand the medical facts. Speak to healthcare professionals and review records to get a complete picture. Good practices include bringing a list of questions and taking notes when you meet with the doctor as well as compiling a list of all medications.
• Assess the options. Ask healthcare professionals about the risks and potential benefits of each choice.
• Identify what the patient would want. Your role is to follow the individual’s wishes for treatment, even if they differ from what you would choose for yourself. Should conflicts between family members and healthcare professionals arise, make choices consistent with the patient’s wishes.
• If you cannot determine what the patient would want, do what is in their best interests.

 End-of-Life Decision

Healthcare representatives are often called upon to make end-of-life decisions. For instance, medical professionals might ask you to decide whether to prolong your loved one’s life or allow them to pass naturally. You might be responsible for consenting on the patient’s behalf to medical research or experimental treatments.

As the patient representative, you have an essential role in the decision-making process. When you make end-of-life decisions for the patient, following their wishes is paramount.

Refer to any advance directives they may have. Perhaps they had a living will expressing their desire to either prolong life or provide noninvasive care to keep them comfortable as they pass. Their healthcare power of attorney might also include end-of-life and funeral instructions.

Sometimes, you might have to decide whether the patient participates in medical research. It is crucial to understand the purpose of the study, as well as the risks and potential benefits. Research participation is optional. You can decline if it would not benefit your loved one.

Self-Care for Healthcare Representatives

Being a patient representative making health care decisions can be stressful, and you could experience grief as the patient’s health declines. Just as you care for your loved one or another person, you must care for yourself to avoid burning out.

Strategies for coping with stress and emotions that may arise in your communication role as a patient representative include getting enough sleep, exercising, practicing meditation, and seeking mental health counseling. It may also be beneficial to talk with a professional if your mental health continues to decline. It is imperative to maintain a clear head while working such a vital task.

Seek Additional Support as a Patient Representative

Consulting with a professional for guidance can also help you understand your role. You may benefit from checking out the American Bar Association Commission on Law and Aging’s “how-to” guide on being a patient’s healthcare representative. Consider contacting a geriatric care manager and your estate planning attorney for additional support regarding this person.

Reach Out to Our Lawyers Today

Being a patient’s representative and the sole means of communication for your loved one can be a stressful job. Our law firm is here to assist you in any way possible when it comes to completing the person’s legal matters.

Count on our experienced team at Ericson, Scalise & Mangan, PC to provide you with sound guidance for your estate planning, elder law, real estate, probate, trust and estate administration, and other legal needs. For assistance, contact us today at 860-854-3809, or email us at info@esmlaw.com.