Two people reviewing legal documents together at a table

If you were unable to make medical decisions tomorrow and hadn't named anyone, the answer to "who decides" is more complicated — and less in your control — than most people assume.

The document you actually need: a health care proxy

A health care proxy (also called a medical power of attorney or health care agent designation, depending on the state) names a specific person to make medical decisions on your behalf if you're unable to communicate them yourself. Without one, doctors and hospitals fall back on your state's default surrogate consent laws.

What happens with no named proxy

Most states have a default hierarchy of who can act as a "surrogate" decision-maker if no proxy is named — typically: spouse, adult children, parents, siblings, then more distant relatives. If you have none of these available or willing, many states allow a close friend to serve, but the rules for that vary significantly, and some states have no fallback beyond family at all, meaning a court-appointed guardian may become necessary. This is precisely the gap a solo ager cannot afford to leave unaddressed.

Who should you actually name?

The right health care agent is someone who can:

This does not have to be the same person as your financial power of attorney. Some solo agers choose a calm, assertive friend for medical decisions and a detail-oriented one for finances.

Pair it with a living will

A living will (or advance directive) documents your specific wishes about end-of-life care — life support, resuscitation, and similar decisions — independent of who's making the call. This takes pressure off your health care agent, who then only has to confirm your documented wishes rather than guess at them from memory.

Give your health care agent an actual copy of your living will, not just a mention that one exists. In an emergency, they need the document in hand, not a recollection of a conversation.

Make it findable in an emergency

A signed health care proxy sitting in a drawer at home does nothing for you at 2am in an ER across town. Options: give copies to your primary doctor and any specialists, register with your state's registry if one exists, carry a wallet card noting your agent's name and number, and store a copy in your Care Team Builder profile.

This article is general information, not legal or medical advice. Health care proxy and surrogate consent laws vary significantly by state — confirm your state's specific rules with an elder law attorney.