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Power of Attorney : Health Care POA/ Advance Health Care Directive

Checklist for Creating a Healthcare Directive

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Making an Advance Health Care Directive can be an emotional process, and it may seem overwhelming. Here is a checklist that can help you get started.

  1. Think about what your health care wishes are.
  2. Identify family members or friends that you might want to be your health care agents.
  3. Discuss your health care wishes with these individuals and whether they could carry our your wishes.
  4. Pick your agent, a backup agent, and a 2nd backup agent to list on your AHCD.
  5. Complete an Advance Health Care Directive form and have it notarized or witnessed.
  6. Provide copies of your Advance Health Care Directive to all your potential healthcare agents.
  7. Register your AHCD with the California Secretary of State's Advance Health Care Directive Registry.

 

Advanced Healthcare Directive: the Healthcare POA for California

The California Legislature has created a Power of Attorney for Health Care by statute, called an Advance Health Care Directive (AHCD) in California Probate Code § 4701. This document is a legally recognized form that allows a principal to not only choose their health care agents, but also state the principal's health care and end-of-life wishes.

In an AHCD a principal can:

  • determine when the AHCD goes into effect,
  • nominate an agent, and two alternate agents,
  • provide instructions for their health care,
  • provide instructions for their remains upon death and,
  • designate a primary physician.

As a  principal, it is important to discuss with your agents what your medical wishes are when you complete your AHCD. Talking with your health care agents will help lessen confusion and disagreement about your choices and wishes

When your agent becomes your representative they will be able to make decisions like:

  • Changing your doctors, nurses, or social workers.
  • Where you receive medical care (at home, in the hospital).
  • What medications, tests, or treatments you receive.
  • What happens to your body and organs after you die.

Your health care agent will be able to make ALL health care decisions for you unless you limit his or her authority.

Being your health care agent DOES NOT mean that they assume financial responsibility for you.

Health POA Forms and Guides

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