Estate Planning Essentials: Durable Power of Attorney for Health Care

The person you give durable power of attorney for health care is a matter for very serious consideration, because the responsibilities are big. They might at some point literally hold the power of your life and death in their hands. A California law known as the Advance Health Care Directive (AHCD) allows you to grant a person legal authority to make health care decisions for you if and when you are not able to do so yourself. This power of attorney (POA) gives them explicit and particular powers over specific aspects of your life. Having your wishes written out and expressly stated should avoid confusion regarding what your wishes are if you are unable to articulate them for yourself. You may prepare specific instructions regarding certain situations, and certain medical procedures and/or treatments, should you no longer be able to speak for yourself. These are sometimes referred to as a “living wills”. Laws concerning advance health care directives vary from state to state. There are also restrictions as to who is eligible to serve as a durable POA for health care. Having an alternate in mind, in case your initial choice is unable or unavailable to carry out your wishes, is important too. For all these reasons, you should consult an experienced California estate planning attorney to draw up and execute your directives. The sooner you have taken this step, the better for your own, your family, and your friends’ peace of mind. To set up a consultation about durable powers of attorney, or for any estate planning issues, please contact me at 818.956.9200.