What Happens If Your Healthcare Agent Cannot Serve When Needed?

Choosing a healthcare agent is an important part of planning for possible incapacity. This person may be asked to speak for you about medical care if you cannot make or communicate your own decisions.

But life can change. The person you choose today may be unavailable years from now. They may develop health problems, move away, or decide they are no longer comfortable serving.

Vermont residents can prepare for that possibility by naming an alternate agent in an Advance Directive. Vermont law allows an adult to appoint one or more agents and alternate agents to make healthcare decisions within the authority stated in the document.

Having a backup can reduce uncertainty and give your family and healthcare providers clearer guidance during a difficult time.

How a Healthcare Agent Works in Vermont

A healthcare agent is an adult you choose to make medical decisions under an Advance Directive. The exact authority given to that person depends on your document and the circumstances described in it.

Vermont law recognizes Advance Directives as a way for adults to record healthcare instructions and appoint someone to make decisions for them. Vermont law treats an alternate agent as the agent when the originally appointed agent is not reasonably available

The Vermont Department of Health explains that an Advance Directive can state your wishes for future medical treatment, including situations where you can no longer make those decisions yourself. Residents can learn more through the Vermont Department of Health advance directive guidance.

A primary healthcare agent might become unable to serve for several reasons:

• The person develops a serious illness or disability
• The person dies before you
• The person moves far away and cannot be reached easily
• The person no longer wants the responsibility
• Your relationship with the person changes
• The person is unavailable during a medical situation

These possibilities do not mean that your original choice was a poor one. They simply show why a backup choice can be useful.

Unsworth LaPlante, PLLC discusses the role of Advance Directives and healthcare decision planning in its resource on why an Advance Directive may be important.

What Happens If Your First Choice Cannot Serve?

If your first healthcare agent cannot serve and your Advance Directive names an alternate agent, the alternate may step into that role according to the terms of the document.

Vermont law defines an agent to include an alternate agent when the original agent is not reasonably available. The law also allows an Advance Directive to name more than one agent or alternate agent.

This is why choosing a backup deserves careful thought.

A good alternate healthcare agent is often someone who:

• Understands your values and medical preferences
• Is willing to discuss serious healthcare questions
• Can communicate clearly with doctors and family members
• Can remain calm during stressful situations
• Is willing to follow your wishes even if they would personally choose something different
• Can be reached when important decisions need to be made

It is also wise to speak with the person before naming them. A person may care deeply about you but still feel uncomfortable making medical decisions. Knowing that in advance gives you an opportunity to choose someone else.

You may want to discuss your views about pain relief, life sustaining treatment, artificial nutrition, hospitalization, comfort care, and other matters that are important to you.

These conversations can give both your primary and alternate agents a clearer picture of what you would want.

If no alternate agent is named or available, your written healthcare instructions can still be important. Vermont also has laws addressing healthcare decisions in certain situations where a person lacks capacity and does not have an available agent. Those rules can depend on the circumstances. Naming an alternate in advance can provide clearer direction about whom you want involved.

How to Prepare for a Backup Healthcare Agent

Naming an alternate is one part of a thoughtful incapacity plan. The next step is making sure the people involved understand the plan and can access the documents.

Consider taking these practical steps:

• Tell your primary agent and alternate agent that you have named them
• Give each person a current copy of your advance directive
• Discuss your healthcare values and important treatment preferences
• Provide copies to appropriate healthcare providers
• Keep your agents’ contact information current

The Vermont Department of Health also maintains information about the Vermont Advance Directive Registry. Registration is free, and authorized healthcare professionals may access registered documents when needed. More information is available through the Vermont advance directive registration guidance.

Your choices should also be reviewed from time to time. A healthcare agent who was a good fit ten years ago may no longer be the best person to serve today.

Consider reviewing your plan after:

• A marriage or divorce
• The death or illness of an agent
• A major change in your own health
• A move by you or your agent
• A significant change in a personal relationship
• A change in your healthcare wishes

The Vermont Department of Health provides procedures for changing or revoking an advance directive or an appointment of a healthcare agent.

For Vermont families, incapacity planning can also involve other documents that address financial and personal matters. Unsworth LaPlante, PLLC provides more information through its Vermont incapacity planning resource.

Residents of Essex Junction, Burlington, Chittenden County, and other Vermont communities may benefit from reviewing these choices as part of their broader estate plan.

Choosing a healthcare agent is about more than putting a name on a document. It is an opportunity to identify someone who understands your wishes and can speak for you if needed. Naming a capable alternative can add another layer of preparation if your first choice becomes unavailable.

Speak With a Vermont Estate Planning Attorney

Planning for your family, your future, or long term care can feel easier with the right legal guidance. Unsworth LaPlante, PLLC helps individuals and families in Essex Junction, Burlington, Chittenden County, and across Vermont understand their options and take practical next steps.

To learn more, contact Unsworth LaPlante, PLLC to schedule a consultation.