How can my friend be sure that the person she appoints as her agent to make personal decisions for her will follow her wishes?

Your friend needs to consider local laws relating to the making of such a document to get a specific answer. Generally, the law provides safeguards making sure that the terms of the document are followed. Also, at the request of an interested party, such as a close relative, the law may allow for review of the conduct of the agent.

Depending on the law, certain medical procedures, for example, psychosurgery, may only be carried out if your friend (the maker of the document) has specifically given her agent the power to make that decision.

The law may allow for more than one agent to be appointed so that accountability to each other is required. Some guidance about the conduct of those who are providing a service covered by the terms of the legal document may also be covered in the law. For example, it may be stated that service providers must follow the instructions of the document and/or the agent.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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