Whoever is named, it is important to discuss your wishes with your agent so that he or she will be able to carry out your wishes. It is best to name an alternate agent as well. Usually, only one agent may serve at a time. For example, you can appoint your daughter as your agent, with your son as alternate, but you cannot appoint the two of them to act together. In our experience, most husbands and wives appoint each other as health care agent, with an adult child as an alternate agent.
Many individuals appoint a close personal friend as agent or alternate.
In most states, any competent adult can make an advance directive. The usual requirements are that the document be signed by the individual and by two witnesses. In some states, a notary public is required. Most states have a model text for an advance directive for residents of that state. Our practice is to follow the model text and incorporate other provisions if permitted.