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Can you name your doctor as your health care proxy?

08/23/2023 | Blog, Estate Planning

When selecting a family member to become your health care proxy or agent in Woodland Hills, you may run the risk of creating contention by choosing one over the other. To you, an easy way to avoid the potential for tension may be to give this responsibility to someone outside of your family, such as your doctor. However, before making such a decision, it is important that you understand exactly who you can name as a proxy to avoid any undue stress on your part of that of your family and friends.

According to the California Probate Code, you are unable to name any of the following as your health care proxy:

  •          The supervising health care provider of a facility where you receive care (this includes your primary care physician).
  •          Any non-relative employees of a facility where you receive care.
  •          A non-relative operator or employee of a residential or community care facility where you are a resident or recipient of treatment.

Giving medical decision-making control to your doctor would place him or her in a conflicting position. His or her ability to provide the absolute best care available to you could potentially be compromised due to his or her role as your agent. Thus, the law does not even allow it to be an issue.

As such, it is recommended that you keep the role of your medical proxy inside of your immediate circle of family and friends. If you worry about contention arising, consider spreading out the responsibility amongst them. Make own your health care proxy while giving another control over your finances. While none of these suggestions should be viewed as legal advice, they may make assigning responsibility for your care much easier.