Why Do I Need a Power of Attorney or a Health Care Directive?
Life can change without warning, and you need to be prepared with these important documents.
Illness, accidents, or sudden incapacity can strike at any age. Once you are 18 years old, you should have a Durable Power of Attorney and an Advance Health Care Directive in place now. At the same time, while you are healthy and mentally capable, it protects you from unnecessary court involvement, costly conservatorship proceedings with the wrong persons as your agents, and possible unintended consequences.
Call us at (818) 241-4238 to request a phone consultation.
Durable Power of Attorney: Protecting Your Financial Life
A Durable Power of Attorney allows you to choose the person you trust to make financial decisions if you become unable to do so yourself. With this document, your agent can act on your behalf without a court-appointed Conservator.
If you become incapacitated—whether due to a coma, severe dementia, or another medical condition—banks and financial institutions will not allow anyone to access your accounts or manage your affairs unless they are named in a Durable Power of Attorney or appointed by the court.
If the person you want handling your finances is not your spouse, your wishes may be ignored unless you formally designate them as your agent.
Why Every Adult Over 18 Needs a Power of Attorney
Once your child turns 18, they are legally an adult. If they have a serious illness or injury and cannot manage their finances, parents no longer have automatic authority to step in. Without a Durable Power of Attorney, your family may be forced to petition the court for a Conservatorship to handle even basic financial matters.
A Durable Power of Attorney ensures that someone your child trusts can act immediately and without court intervention.
Advance Health Care Directive: Ensuring Your Medical Wishes Are Honored
A California Advance Health Care Directive allows you to appoint a trusted person to make medical decisions if you become unable to communicate your wishes. This includes decisions about treatment, surgery, and end-of-life care—such as whether life support should be continued if you are in a coma and near death.
If you cannot give informed consent, doctors and hospitals must rely on your appointed health care agent or, if none exists, may require a court-appointed Conservator. This is especially true when family members disagree about what should be done.
If the person you want making medical decisions is not your spouse, your wishes may not be followed unless you name them in an Advance Health Care Directive.
This simple document provides clarity for your family and ensures the medical community follows your instructions.
Why Every Adult Over 18 Needs an Advance Health Care Directive
After age 18, doctors cannot legally share medical information with parents or family members without proper authorization. If your adult child becomes incapacitated:
- You may not be able to speak with their doctors
- You may not be able to make medical decisions
- You may be forced to seek a Conservatorship of the person
An Advance Health Care Directive allows your child to designate who will make medical decisions and to express their wishes for end-of-life care.
Many remember the heartbreaking public conflict surrounding Terri Schiavo. An Advance Health Care Directive prevents this kind of situation by clearly stating a person’s wishes before a crisis occurs.
A Comprehensive Estate Plan Designed for You
After reviewing your goals and the best strategies for your situation, we will create customized Estate Documents that protect your assets and ensure you remain in control of your life and your finances.
Our law office is located in Southern California, and we proudly serve clients throughout the state. We provide virtual services via email, mail, and FEDEX.
We are honored by the many personal and professional referrals we receive from satisfied clients and colleagues.
Schedule Your Phone Consultation
We welcome the opportunity to help you protect your future.
Call us at (818) 241-4238 or submit our online form to request a phone consultation.