Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
To form a valid healthcare power of attorney in California, also known as an Advance Health Care Directive, an individual should follow these important steps:
First, the person creating the directive (the principal) must choose a trusted agent to make healthcare decisions on their behalf. This agent should be at least 18 years old and capable of understanding and carrying out the principal’s wishes. It is advisable to also select an alternate agent in case the primary agent is unavailable or unwilling to serve.
Next, the principal should obtain the appropriate form. California provides a statutory form that can be used, or individuals may create their own document as long as it complies with state law. The California Hospital Association offers a comprehensive form that is widely accepted throughout the state.
The principal must then clearly specify their healthcare preferences and instructions in the document. This may include decisions about life-sustaining treatment, pain management, organ donation, and other medical interventions. It is crucial to be as specific as possible to ensure the agent can make informed decisions that align with the principal’s wishes.
Once the form is completed, the principal must sign and date the document. California law requires the signature to be either notarized or witnessed by two adults. If witnesses are used, they cannot be the appointed agent, a healthcare provider, or an employee of a healthcare facility where the principal is receiving care. At least one witness must be unrelated to the principal and not entitled to any portion of their estate.
After the document is properly executed, copies should be distributed to the appointed agent, alternate agent, healthcare providers, and close family members. It is advisable to keep the original in a safe but accessible location and inform relevant parties of its whereabouts.
It is important to note that a healthcare power of attorney in California remains valid indefinitely unless it is revoked by the principal or a court determines it to be invalid. However, it is recommended to review and update the document periodically to ensure it continues to reflect the principal’s current wishes and circumstances.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.