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Can My Agent Override My Life Support or Organ Donation Wishes?

Home > Advance Health Care Directive > Can My Agent Override My Life Support or Organ Donation Wishes?
A middle-aged Asian man sits beside an elderly Asian woman resting in a hospital bed. He gently holds her hand and leans in with a caring expression, while she gazes at him calmly.

This is one of the most common—and important—questions we hear when helping clients complete their Advance Health Care Directives (AHCDs). So let’s clear up how it works, what powers your agent really has, and how you can ensure your wishes are honored exactly as you intend.

Understanding Your Agent’s Role

In California, when you name a Health Care Agent in your AHCD, you’re choosing someone you trust to make medical decisions only if you’re unable to speak for yourself. This includes crucial choices like continuing life support or consenting to organ donation.

Your agent steps in when you can’t communicate—and their job is to advocate for you, based on what they believe you would want.

Can They Override My Wishes?

Technically, yes—if the document gives them that power.

Most standard AHCDs give broad authority to the agent, allowing them to interpret your wishes and act in your best interest. This flexibility can be helpful in emergencies—but it can also create ambiguity.

That’s why your AHCD also gives you the power to limit your agent’s authority. If you have strong preferences—such as not wanting to be kept alive by machines in certain conditions, or making sure your organs are donated—you can write specific instructions directly into the document. Those instructions become legally binding, and your agent is required to follow them.

If That’s the Case, Why Even Name an Agent?

Because an AHCD isn’t just about legal authority—it’s about guidance, clarity, and peace of mind during a crisis.

A powerful real-life example is the story of Teri Schiavo:

Teri was a young woman who collapsed unexpectedly and entered a persistent vegetative state. Her husband believed she wouldn’t want to be kept alive without hope of recovery. Her parents believed the opposite. Because Teri had no written instructions, the disagreement escalated into a national legal battle—lasting 15 years, through 14 appeals, multiple court rulings, and even acts of Congress. The emotional toll on her family was devastating.

That tragic case became a national cautionary tale—one that could have been avoided with a single signed document.

You Can Prevent That Pain for Your Loved Ones

By clearly documenting your wishes in your AHCD, you spare your agent—and your family—from doubt, disagreement, and guilt. Your written words become a source of clarity and comfort when it matters most.

And the good news? You don’t have to figure it out on your own. During your signing meeting, we’ll guide you step-by-step through the AHCD and make sure your instructions on life support and organ donation are crystal clear. You can even specify that these decisions cannot be overridden—so there’s no question later.

Get Your Advance Health Care Directive—Free of Charge

To help more people get this vital protection in place, we’re offering a complimentary Advance Health Care Directive. You can sign up quickly and easily at the link below, and we’ll walk you through it—no pressure, no cost.

This simple document could spare your loved ones from unimaginable stress—and ensure your voice is heard, even when you can’t speak for yourself.