If you’ve ever completed new-hire paperwork, filled out an intake form at a new doctor’s office, or enrolled your kid in school, you’ve probably faced a perplexing task — naming an emergency contact. But what, exactly, are you signing someone up for? Who should you choose? And what kind of legal responsibilities is that person assuming? In short, what does it mean to be someone’s emergency contact?
First of All, the Etiquette Around Naming an Emergency Contact
When you choose someone as your emergency contact, you’ll ideally ask them first instead of just writing their name down. Check with the person before you list them so they don’t find out they’re your emergency contact only when the hospital calls. Wait until you get a “yes” before filling in the form.
How to Choose the Right Emergency Contact
For emergency contacts, a close friend who picks up the phone is better than a family member who doesn’t. Choose someone responsible and likely to get the message if you’re ever in a medical emergency or crisis situation. Pick someone in a similar time zone who can get to you if needed. A level-headed emergency contact is ideal, someone who can stay calm when things get tough.
Spreading out the responsibility is a good idea, too. You don't need the same emergency contact for every situation. And consider your emergency contact’s own health limits. A favorite aunt might be great for a long chat on a Saturday morning, but not a great choice in a crisis that requires immediate action.
And try not to put someone in an impossible situation. If a family member is estranged from the rest of the family, they may not be the ideal choice to call others about your emergency. Consider what an emergency response would require and choose accordingly.
- Make sure your emergency contact has the right information. If you’re naming someone as your emergency contact, make sure they have the information necessary to bring clarity in a crisis. Tell them about your allergies or other medical conditions, your medical history, current medications, and your insurance information. You’ll also want to give them the mobile phone numbers for people they’d need to contact in a true emergency.
- Keep things current. Big life events like a divorce can change everything. When a major relationship shifts, make sure to update your emergency contact lists. That way, your ex isn’t your only safety net.
Being an Emergency Contact Isn’t a Legal Responsibility By Itself
An emergency contact is important because they're the person who will be called if you really need help. Your emergency contact might get a call if you’re injured at work, if there’s a building lockdown or evacuation, or if you don’t show up to work or an appointment.
But being an emergency contact isn’t a legal responsibility, and it doesn’t give someone the legal right to act on your behalf.
Your emergency contact can’t:
- Make medical decisions for you
- Demand access to your medical records
- Handle your money or legal affairs
- Be required to act
- Be held responsible for your medical bills (unless they assume that responsibility separately)
- Make decisions about your remains, funeral, or estate
Need to Plan For Emergency Care? Try These Legal Tools
Emergency contacts aren't authorized to do many tasks. If you want someone to make legal, healthcare, or financial decisions for you, there are legal tools available. Estate planning documents such as a living will, power of attorney, or legal guardianship might be more effective in accomplishing your goals than simply naming someone as your emergency contact.
- Living wills and healthcare directives. A living will helps you explain what medical treatment you’d prefer if you’re unable to express your wishes yourself. You can nominate someone to speak for you as your “healthcare proxy.” You can also detail things you would (and would not!) like to happen. For example, many healthcare directives talk about a preference to avoid prolonged life-sustaining treatment if there’s no hope of recovery. They also commonly highlight organ and tissue donation preferences, religious or personal values, or treatment preferences.
- Powers of attorney. Various types of powers of attorney are useful in different situations. A financial power of attorney lets you choose someone to make financial decisions for you if you’re alive but unable to make decisions for yourself. If a POA is in place, the person you name could pay your bills and handle your finances while you’re in a coma, for example. Imagine waking up to your student loans being paid off.
- Guardianship. A guardianship is a legal relationship created to protect someone who can’t make decisions on their own, either because they’re not old enough or they lack capacity. Unlike a living will or financial power of attorney, a guardianship typically involves more than creating a document and signing it in front of witnesses and a notary. A judge usually makes a determination and appoints a guardian if one is needed. For example, even if a will names a guardian for a minor child, a judge must still formally appoint that person after determining it is appropriate for the child.
So, if you want to plan for unexpected events, start by thinking carefully about your emergency contacts. But if you want to plan more thoroughly, talk with an estate planning attorney about your needs. Hopefully, you’ll never need any of the plans you put in place. But even if you never need them, you'll have peace of mind knowing everything will be handled the right way in an emergency.
