Durable Powers of Attorney for Health Care in California
As you plan for the future, you may want to consider preparing and executing a California durable power of attorney for health care. California law establishes the requirements for establishing this type of power of attorney in the state. You can access copies of a durable power for health care form in California from hospitals, doctors' offices and other medical centers.
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Functions
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The durable power of attorney for health care serves two primary functions in the state of California. First, the instrument establishes the types of treatments and procedures you deem acceptable to sustain your life in a situation during which you cannot make these decisions for yourself. Second, a durable power of attorney for health care identifies the individual you authorize to make these decisions on your behalf when you are unable to do so on your own.
Durability
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Durability is an important requirement for a health care power of attorney. Standard powers of attorney, without a durability provision, cease to be effective upon the incapacity of the person who created the instrument. The whole intent behind a health care power of attorney is to provide authority to someone to make decisions on your behalf when you are incapacitated and unable to do so. The durability element of this type of California power of attorney permits a person to exercise this type of authority when you are incapacitated.
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Termination
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The laws of California permit you the ability to include a termination date in the durable power of attorney for health care itself. You also possess the right to terminate a durable power of attorney at any other time you are competent. You can terminate the instrument by destroying the actual document. Additionally, you can draft and sign a written statement terminating the power of attorney.
Benefits
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The benefits of a durable power of attorney for health care in California include ensuring your preferences regarding medical matters are honored even when you are not able to protect your own interests personally.
Misconceptions
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One of the most common misconceptions associated with a durable power of attorney for health care in California is that the agent can make decisions for you upon your death as well. In fact, a durable power of attorney for health care under California law terminates upon your death.
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References
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