HEALTHCARE CONSIDERATIONS
Power of Attorney for Health Care
A Power of Attorney is a document that gives another person legal authority to act on your behalf. If you create such a document, you are called the principal, and the person to whom you give this authority is called your attorney-in-fact or agent. A Power of Attorney for Health Care is a legal document wherein you name trusted family members or friends to take charge of your medical care in the event you become incapacitated and can't remain in charge. A "Durable" Power of Attorney for Healthcare extends the power beyond death and provides authority to control the final disposition of the principal. (Please see Advance Health Care Directive below).
Living Will
A Living Will is a legal document in which you state your wishes about certain kinds of medical treatments and life-prolonging procedures. The document takes effect if you can't communicate your own healthcare decisions. (Please see Advance Health Care Directive below).
Advance Health Care Directive
An Advance Health Care Directive is now the legally recognized and preferred format for making your health care wishes known. This document essentially combines and expounds upon the benefits of the Power of Attorney for Health Care and Living Will. By completing an Advance Health Care Directive, California law allows you to do either or both of the following:
- You may appoint another person to be your health care "agent." This person (who may also be known as your "attorney-in-fact") will have legal authority to make decisions about your medical care if you become unable to make these decisions for yourself.
- You may write down all your health care wishes. Unlike a living will, you can state your desires about your health care in any situation in which you are unable to make your own decisions, not just when you are in a coma or are terminally ill.
Selecting a Health Care Agent/Attorney-in Fact
When choosing someone to act as your agent in health care matters, choose the best person you can communicate with and who:
- Will be available when needed.
- Will be able to ask questions and get good answers from medical professionals.
- Will make the medical care decisions that you would make (whether or not they agree with you), and
- Will be able to "stand up" for you, be your advocate, and deal with others who disagree with what you want.
Communicating Your Wishes
The person or persons you name as your health care agent(s) need to know what you want and care about in order to know what to do for you. You should seriously think about and communicate what you want, and what's important to you. You can do this by just talking, or by writing your thoughts down in your Advance Health Care Directive or in another document. Our Family Service counselors can also obtain a booklet for you that will help you record your wishes.