Power of Attorney and Advance Health Care Directive

A power of attorney lets someone you trust handle your finances if you cannot, and an advance health care directive lets someone you trust make medical decisions for you. Without them, your family may have to ask a court to appoint a conservator, which is slow, public and expensive. These documents are part of every estate plan we prepare for clients in Garden Grove, Orange County, California and Texas.

Financial power of attorney

A durable financial power of attorney names an agent to pay bills, manage accounts, deal with the IRS, handle real estate and other financial matters. In California, it stays in effect if you become incapacitated when it says so. It can take effect immediately or only when your doctor confirms you are unable to manage your affairs. It must be signed with a notary or two qualified witnesses. Your agent has a legal duty to act in your interest and cannot use your property for their own benefit.

Advance health care directive

A California advance health care directive does two things. It names an agent to make medical decisions when you cannot, and it records your wishes about treatment, life support, pain relief, organ donation and similar choices. It is usually signed with a HIPAA authorization so your agent and doctors can share information. A POLST is a different medical order for people who are seriously ill and is completed with a doctor.

Why they matter

• A living trust only controls property that is in the trust. Your agent under a power of attorney can handle the rest.
• If no one is named, your family may need a court conservatorship, which is costly, public and takes time.
• They state your wishes while you can still express them, which spares your family from having to guess.

Texas documents

Texas uses a statutory durable power of attorney, a medical power of attorney and a directive to physicians. They are not the same as California forms. If you live in Texas or own property there, we prepare the Texas versions. Read about Texas.

Choosing your agent

Choose someone who is trustworthy, organized and able to speak up with doctors and banks. Name a backup. We recommend that you talk to your agents before you sign, and that you tell them where the documents are.