Durable Power of Attorney for Healthcare in California
A durable power of attorney for health care allows you to appoint an agent to manage your health care decisions in the event you become temporarily or permanently incapacitated.
In California, a durable power of attorney for health care is known as an advance health care directive.
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Relevant Statute
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California's Uniform Health Care Decisions Act can be found in California's Probate Code. Advance health care directives are addressed beginning at Section 4670 and ending at Section 4701.
Authority
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Section 4670 of California's Probate Code authorizes competent adults to provide health care instructions. Instructions can be given either verbally or by written communication and can be effective only upon a triggering event (i.e., incapacitation).
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Requirements
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Section 4673(a) states the minimum requirements a written durable power of attorney for health care must have in order to be enforceable. The document be signed by the executing party in the presence of a notary public or two witnesses. It must also include the date it was executed.
Form Available
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Section 4701 of California's Probate Code contains an advance health care directive form that may be modified or used in its entirety. California does not require the form to be used; any person can create his own advance health care directive so long as it complies with the requirements set forth in Section 4673(a).
Reciprocity
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Section 4053 of California's Probate Code states that the State of California will honor a durable power of attorney that was drafted and executed in compliance with the laws of another state regardless of whether the executing party is a resident of California.
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References
Resources
- Photo Credit signing a contract image by William Berry from Fotolia.com
