What is a Health Care Power of Attorney (HCPOA)
Making a health care power of attorney means designating someone as your spokesperson for your health care decisions; if you are not in a position to make communicative decisions about aspects of your health care.
Without proactively putting in place a California Health Care Power of Attorney, your loved ones may need to petition the probate court for permission to make decisions on your behalf.
Another name for Health Care Power of Attorney is Advanced Health Care Directive (AHCD)
People often confuse the HCPOA with a living will. Generally speaking, a living will is only valid for conditions like a terminal illness or permanent unconsciousness, or other end-stage situations.
You should also beware that a financial power of attorney will not allow your agent to make health care decisions.
On the other hand, healthcare power of attorney covers situations where you are in need of someone to make medical decisions on your behalf. Here are some things you need to know about California’s healthcare power of attorney:
- You need to fill out the California Power of Attorney for Health Care form. It must be signed by you and two witnesses or a California Notary.
- A Springing California health care power of attorney is only valid when your primary physician decides that you are unable to make a knowledgeable decision about your medical care. This is commonly referred to as a declaration of incapacity.
- By appointing a health care power of attorney agent you are authorizing him/her to make decisions on the treatments, procedures, and medications performed on you; choosing your health care providers; Whether to take any tests on you; Whether to use a life-support system; Whether resuscitation is required in the event your heart gives out or your breathing stops; What to do with your bodily remains after you have expired.
- You can also include specific instructions to your agent in the document, in the event you have particular demands about your health care.
The living will vs Power of Attorney
Both Living Wills and Health Care Power of Attorney are essential tools in managing health care decisions, particularly when you’re unable to do so yourself.
A Living Will, also known as an advance directive, outlines your wishes regarding medical treatment if you become terminally ill, seriously injured, or otherwise unable to communicate your preferences. It focuses specifically on end-of-life care and may address topics like resuscitation, ventilation, and feeding tubes.
Conversely, a Health Care Power of Attorney, or healthcare proxy, designates a trusted individual to make healthcare decisions on your behalf should you become incapacitated. This role isn’t limited to end-of-life decisions and can encompass any medical decisions that arise during your incapacity.
While both documents are crucial, they serve different purposes and, in a comprehensive estate plan, often work together to ensure your health care wishes are thoroughly and clearly communicated.
The Health Care Power of Attorney is one piece of our comprehensive estate plan. If you want to make a HCPOA or set up a will and trust, contact one of our estate planning attorneys immediately.
An experienced attorney will help you finish this process and ensure that the agent you choose will be able to take action on your behalf and avoid probate.
Both Living Wills and Health Care Power of Attorney are essential tools in managing health care decisions, particularly when you’re unable to do so yourself.
Understanding and Utilizing Advance Directives (aka the living will) in California
In California, an Advance Directive can also include naming a health care agent through a Medical Power of Attorney. This trusted individual can make medical decisions on your behalf, guided by the instructions in your Advance Directive. Thus, it doesn’t need to be a separate document, but it can be if you choose.
For an Advance Directive to be legally valid in California, the document must be signed by you or another adult at your direction and must either be notarized or witnessed by two adults. At least one of the witnesses must be someone other than your named health care agent, and they cannot be a provider or employee of a health care facility where you are receiving care.
In Conclusion
The Health Care Power of Attorney is one piece of our comprehensive estate plan. If you want to make a HCPOA or set up a will and trust, contact one of our estate planning attorneys immediately.
An experienced attorney will help you finish this process and ensure that the agent you choose will be able to take action on your behalf and avoid probate.
