What to Know About Medical Power of Attorney in California: 5 Key Facts

If you become incapacitated due to cognitive decline or an accident-related injury, you may want family members to step in to ensure your wishes are met regarding your medical treatment. However, there are certain steps that must be followed to ensure they have the authority to do so. A health care power of attorney in California allows you to designate a person you trust to make medical decisions for you if you cannot speak for yourself. While the unexpected can happen at any time, an individual should have a health care power of attorney in place once they turn 18.

1. A Medical Power of Attorney is a Key Component of an Estate Plan

A health care power of attorney is an essential component of every estate plan. It is typically included as the first part of a document called an “Advance Health Care Directive.” Specifically, the health care power of attorney allows you to appoint an agent to make healthcare decisions for you in the event you become incapacitated and cannot make these decisions for yourself. The second part of the advance directive is a living will. This allows you to outline your wishes about the healthcare and medical treatments you wish to receive.

2. A Health Care Power of Attorney is Distinct from a Financial Power of Attorney

There are two types of powers of attorney that can be used in California — health care powers of attorney and financial powers of attorney. While you can appoint the same person as both your health care power of attorney and financial power of attorney, these are two distinct documents that each serve a different purpose. A health care power of attorney specifically gives someone else the authority to make medical decisions on your behalf. A financial power of attorney involves designating an agent who will manage your financial and business affairs in the event of incapacity.

3. A Health Care Power of Attorney Can Be Changed as Needed

A health care power of attorney in California isn’t always set in stone. You can change your power of attorney for healthcare at any time while you are still of sound mind and capable of making decisions. To update your agent or revoke the power of attorney entirely, you would need to draft a written letter that clearly specifies you are revoking the previous health care power of attorney. The letter should be signed and notarized to ensure it is legally binding.

It's best to destroy all existing copies of the previously executed health care power of attorney to prevent any confusion. Once the new document is prepared, the agent and any relevant health care providers should receive copies.

4. You Can Appoint More Than One Medical Power of Attorney

There is no rule that prohibits appointing more than one agent as your health care power of attorney in California. If you cannot choose between family members, you can select two or more people who will act together to make medical decisions on your behalf. In addition, you can also specify who you would like to act as a successor health care power of attorney in the event that the first agent you choose is unable or unwilling to serve in the role.

It's important to carefully consider the pros and cons of naming more than one medical power of attorney. Having a co-agent can help take the burden of making important decisions off the shoulders of the other agent. However, there may be a risk of conflict if both agents cannot agree on the decisions that must be made. In such cases, judicial intervention may be necessary to resolve the dispute — which can be costly and time-consuming.

5. There are Certain Legal Requirements to Ensure a Health Care Power of Attorney is Valid and Enforceable

There are certain legal requirements that must be met for a health care power of attorney in California to be valid and enforceable, including the following:

• Written document — The health care power of attorney must be in writing, dated, and signed by the person who created it.
• Mental capacity — The person creating the power of attorney must be of sound mind at the time the document is executed.
• Notarization or witnesses — The power of attorney must be notarized or signed by at least two witnesses over 18. An individual named as an agent cannot serve as a witness.

A health care power of attorney may be “springing,” which means it only becomes effective once a doctor has declared that you are incapacitated. Alternatively, it can be “durable,” which means it takes effect at the time it was signed. If you want to ensure the health care power of attorney is durable, specific language must be included in the document stating, “this Power of Attorney shall not be affected by subsequent incapacity of the principal.”

Contact an Experienced California Estate Planning Attorney

A health care power of attorney is a vital document that everyone should execute as part of a comprehensive estate plan. A knowledgeable attorney can discuss your options and help you create a valid health care power of attorney should the event of incapacity arise. The California trusts, estates, and probate attorneys at White and Bright, LLP have extensive experience helping individuals and their families with a broad scope of estate planning and incapacity planning matters. Contact us online via our chat form or call (760) 747-3200 to schedule a consultation.