Creating a California Durable Power of Attorney for Healthcare

When you create a California Durable Power of Attorney for Healthcare, you spell out two types of instructions. The first outlines your healthcare treatment decisions. It may include instructions about life support, resuscitation, pain management and other treatment choices. These decisions should be made in consultation with your doctor. The second type of instruction names the person(s) who will act as your "Agent" and make treatment decisions for you if you are unable to speak for yourself.

Picking the right agent for your California Durable Power of Attorney

Without a durable power of attorney that names a suitable agent, your healthcare decisions may be determined by the family member with the loudest voice. Here are some important guidelines for picking the right agent.

First, when naming more than one person to make your treatment decisions, they should be named in rank order: first, second, third. Giving your agents or "deciders" co-authority can lead to real problems. If one person isn’t present then the doctor may not honor the decision of the one that is.

Second, your agent should live close by you. To make good decisions, he or she should be able to observe you and talk to your doctor in person.

Other things to know about the Durable Power of Attorney in California

A Durable Power of Attorney for Healthcare is subject to state law. If you drafted a Durable Power of Attorney in another state, it may be honored by a doctor in California. Likewise, it can’t be guaranteed that a Durable Power of Attorney for Healthcare prepared in California would be honored in another state or country.

Some may worry that their instructions in their Durable Power of Attorney for Healthcare won’t be carried out by their doctor. In my experience, I have never heard of a doctor refusing to carry out what is in the advance directive, if it’s properly prepared.

However, I have heard of situations where there is no Durable Power of Attorney where the family gives the doctor conflicting instructions on what type of care to provide the person. As you can imagine that is a very, very bad situation – not only for the person who is receiving the care, but for the entire family as well.

Once you’ve prepared your Durable Power of Attorney, give all of the persons, to whom you’ve given the authority, a copy of your prepared advance directive. You should also give a copy to your primary-care doctor. If you have more than one doctor providing care, each should have a copy. Also keep a copy in your important records.

A Durable Power of Attorney for Healthcare is a prudent part of any estate plan. It’s a small expense that will provide certainty and prevent needless heartache.