CLICK THE LINK TO WATCH THE SHORT VIDEO Any person over the age of 18 can serve as a heath care agent under a health care directive, a health care power of attorney or health care proxy. The question is, who is the best person to serve as your health care agent? If you name your children and they don't get along, then there may be an issue. The court may have to step in and name a health care guardian. If you name your spouse, and the spouse doesn't get along with your children, again there may be an issue. Your health care power of attorney, also called a health care directive, should state how you want things handled in the event that you become incapacitated, whether you have a terminal illness or a temporary illness and what your feeling are to life support.