Do I Need a Power of Attorney or Health Care Directive?

Sadly, death or mental incapacity due to illness or accident may strike at any time. Executing a Power of Attorney or Health Care Directive, while healthy and competent will prevent the need for unnecessary court intrusion (Conservatorship) and expense, and unintended consequences!

Executing a Durable Power of Attorney identifies the person of YOUR CHOICE to act on your behalf to make financial decisions if you are mentally incapable of making those decisions yourself, without the need of proceeding to court for an appointed conservator of your estate (assets).

If you are not capable to make your own financial decisions (due to possible coma, or severe dementia), today’s banks and financial institutions will require financial decisions to be made by a personal agent or court appointed Conservator before they will allow any actions on your behalf.

Also, if the person who you feel should be making these financial decisions upon your incapacity, is not your spouse, your directions may be ignored unless you appointed them as you personal representative in a Durable Power of Attorney.

The Advance Heath Care Directive is a simple document that gives your family directions and an understanding of your wishes and the medical community will accept your personal representative’s directions.
 

Why does anyone over 18 need a Power of Attorney?

Without a proper Durable Power of Attorney, if your child should suffer a tragic illness or injury, leaving him/her incapable of managing finances, your family will be forced to establish a Conservatorship though the court to handle any finance issues. After the age 18, your child is now an adult and the courts will treat him/her as an individual needing to be protected if lacking capacity by having a Conservatorship established.
 

Who Needs a California Advanced Health Care Directive?

The Advance Heath Care Directive is a document that California law allows you to appoint a trusted person to be your agent to make health care decisions (or to direct your doctor whether to withdraw life support if you were in a coma and near death) at the time you are no longer able to do so (incapacitated).

If you are not capable to make your own health care decisions (due to possible coma, or severe dementia) you cannot give your consent to medical procedures, such as consenting to surgery or other medical treatment.

Today’s doctors and hospitals will require medical decisions to be made by an appointed health care agent or court appointed Conservator before they will act, especially if there is a conflict among family members.

Also, if the person who you feel should be making these medical decisions is not your spouse, your wishes and directions may be ignored unless you appointed them as you health care agent in an Advance Health Care Directive.
The Advance Heath Care Directive is a simple document that gives your family directions and an understanding of your wishes and the medical community will accept your personal representative’s directions.
 

Why does anyone over 18 need an Advanced Health Directive?

The Advanced Health Directive is critical, so your child can designate someone to make medical decisions, as well as allowing them to leave instructions on their wishes for end of life decisions should it be needed if they become incapacitated. Once 18 years old the doctors cannot talk to you about your child unless you have these documents or be forced to get a Conservatorship.

Remember Terri Schivao and the terrible public battle??… this form prevents such a problem and allows a person over 18 to spell out exactly what they wish to happen to them if they become incapacitated.

After a thorough review of the best strategies for your estate plan and our fees for the scope of work, we will structure a comprehensive estate plan created specifically to protect your assets and allow you to stay in control of your life and your money.

Our Law Office is in Southern California; however, we serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.

We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free consultation.

Call for consultation: (818) 241-4238. Or you can submit this form to request a consultation.