Change the agent on power of attorney for healthcare in california

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Before you appoint two or more people as your agents, therefore, you may want to discuss possible advantages and disadvantages with a legal representative or other professionals in health care advance planning.

Your agent or agents can be your nearest living family member, a close friend, or a spiritual consultant. That way, you can ensure that they are willing to act for you even if doing so might be stressful. Authorized persons can make a wide range of emergency medical health care decisions on your behalf. This includes:. The law requires your agent to only make these health decisions if you cannot do so on your own. Ready to create your own California durable power of attorney for healthcare?

First, in order to establish a DPOA-HC, keep in mind that you must be 18 years of age or older and cognitively able to make decisions. You will need to sign the document in front of a notary public as well. Once you sign the DPOA-HC document, you give your specified agent the authority to make decisions about your medical care if you are unable to make those decisions yourself.

You can revoke the previous document and create a new one that names a different person as your agent, for example. Simply follow the instructions in the previous section. What about those? Your DPOA-F agent is authorized to pay your bills, manage your bank accounts, and make other similar decisions. You may want to name different people to make decisions about your healthcare and finances, or you may want to name the same person to make decisions about both.

It is up to you to decide. We can also assist you with paperwork in a variety of other civil areas, including divorce, conservatorships, and estate planning. Contact us today to get started! Save my name, email, and website in this browser for the next time I comment. Notify me of follow-up comments by email. Notify me of new posts by email. In that case, the following people, in order of concern, are legally allowed to make your health care decisions for you: Your court-appointed guardian or conservator Your spouse or domestic partner Your grown-up children Your adult siblings A close friend Your local living family member There are situations in which you may not want some of these people making decisions about your medical condition.

The role is open to: Anyone who is 18 years plus Anyone who is not your medical professional or other health care professional The law also allows you to select more than one healthcare agent. This includes: Whether to admit you to or remove you from a health care facility or a nursing home Which therapies, artificial nutrition, comfort care, or medicines do you wish or do not wish to be given Who has or can have your medical records The law requires your agent to only make these health decisions if you cannot do so on your own.

Figure out who you intend to be your patient advocate. Decide who will serve as your two witnesses. Sign the document along with your agent and your two witnesses. This is one of the most personal questions a person can face. But what is clearly true is that you have an obligation not only to yourself but to those you love to give them as much guidance as possible as to the difficult decisions described in this form. This form will have legal effect.

It will compel the government and health professionals to follow your instructions should you fill it in properly. However, if you are only being kept alive on life support, you can instruct the care giver to remove such life support and the person you nominate in this form to act in your stead can compel the health worker to comply with your wishes.

Take your time to read the following carefully and, above all, remember that until you execute the document and deliver it to your physician and the nominated holder of the powers, you will not have the ability to control health decisions to be made for you should you become incompetent. California law gives you the ability to insure that your health care wishes are known and considered if you become unable to make these decisions yourself.

The following are answers to commonly asked questions about Advance Directives. For more information on Advance Health Care Directives, see www. An Advance Health Care Directive is the best way to make sure that your health care wishes are known and considered if for any reason you are unable to speak for yourself. Second, you may write down your health care wishes in the Advance Health Care Directive form — for example, a desire not to receive treatment that only prolongs the dying process if your are terminally ill.

Your doctor and your agent must follow your lawful decisions surrounding your health care. The Advance Health Care Directive is now the legally recognized format for a living will in California. It replaced the Natural Death Act Declaration. The Advance Health Care Directive allows you to do more than the traditional living will, which only states your desire not to receive life-sustaining treatment if you are terminally ill or permanently unconscious.

An Advance Health Care Directive allows you to state your wishes about refusing or accepting life-sustaining treatment in any situation. Unlike a living will, an Advance Health Care Directive also can be used to state your desires about your health care in any situation in which you are unable to make your decisions, not just when you are in a coma or are terminally ill.

In addition, an Advance Health Care Directive allows you to appoint someone you trust to speak for you when you are incapacitated. You do not need a separate living will if you have already stated your wishes about life-sustaining treatment in an Advance Health Care Directive.

The Advance Health Care Directive form in this kit includes an optional living will statement that you can select if it reflects your desires. An Advance Health Care Directive permits you not only to appoint an agent, but to give instructions about your health care. You can now do either or both of these things. Is it still valid? Any California resident who is at least eighteen 18 years old or is an emancipated minor , of sound mind, and acting of his or her own free will can complete a valid Advance Health Care Directive.

You do not need a lawyer to assist you in completing an Advance Health Care Directive form such as the form supplied in this kit. The only exception applies to individuals who have been involuntarily committed to a mental health facility who wish to appoint their conservator as their agent.

You can appoint almost any adult to be your agent. You can choose a member of your family, such as your spouse or an adult child, a friend, or someone else you trust. If you appoint your spouse and later get divorced, the Advance Health Care Directive remains valid, but your first alternate agent will become your agent. It is important that you talk to the people you plan to appoint to make sure they understand your wishes and agree to accept this responsibility.

Your health care agent will be immune from liability so long as he or she acts in good faith. The law prohibits you from choosing certain people to act as your agent s. Can I appoint more than one person to share the responsibility of being my health care agent? If two or more people are given equal authority and they disagree about a health care decision, one of the important purposes of the Advance Health Care Directive — to identify clearly who has authority to speak for you — will be defeated.

If you are afraid of offending people close to you by choosing one over another to be your agent, ask them to decide among themselves who will be the agent, and list the others as alternate agents. I want to provide more specific health care instructions than those included on this form.

How do I do that? You may write detailed instructions for your health care agent and physician s. To do so, simply attach one or more sheets of paper to the form, write your instructions, write the number of pages you are attaching in the space provided at the end of Section 3, and sign and date the attachments at the same time you have the form witnessed or notarized.

If you become unable to make your own health care decisions, your agent will have legal authority to speak for you in health care matters. Physicians and other health care professionals will look to your agent for decisions rather than to your next of kin or any other person.

Your agent will be able to accept or refuse medical treatment, have access to your medical records, and make decisions about donating your organs, authorizing an autopsy, and disposing of your body should you die.

In addition, the law says that your agent cannot authorize convulsive treatment i. The person you appoint as your agent has no authority to make decisions for you until you are unable to make those decisions for yourself, unless you choose to allow your agent to make those decisions for you immediately.

When you become incapacitated, your agent must make decisions that are consistent with any instructions you have written in the Advance Health Care Directive form or made known in other ways such as by telling family members, friends or your doctor.

If you have not made your wishes known, your agent must decide what is in your best interests, considering your personal values to the extent they are known.

One of the most important parts of completing an Advance Health Care Directive is the conversations you have about it with your loved ones and your physicians. You should talk about: your personal values and what makes living meaningful for you; your current medical condition and decisions you may foresee in the future; specific concerns or wishes you may have regarding life support or aggressive interventions, hospice or long-term care; what concerns you most about death and dying; and how you would want to spend the last month of your life.

It is also recommended, although not always possible, that such a discussion include both your physician s , and your health care agent and alternate agent s. Tell your loved ones that you have completed an Advance Health Care Directive and what you have said in it, especially if you have selected a health care agent.

Your Advance Health Care Directive will likely go into effect during a period of crisis for them. It can help ease their burden to know that you have made some of these decisions in advance. In addition, they should know in advance who is to speak for you in making medical decisions and where copies of your Advance Health Care Directive can be found. Remind them that their role is to make sure that your wishes are communicated and that those wishes guide their decision making.

No, not unless that person would otherwise be responsible for your debts. The Advance Health Care Directive deals only with medical decision making and has no effect on financial responsibility for your health care.

Please note, however, that unless you have made other arrangements, your agent may be responsible for costs related to the disposition of your body after you die. Consult an attorney regarding how your financial affairs should best be handled. An Advance Health Care Directive is valid forever, unless you revoke it or state in the form a specific date on which you want it to expire. Make sure the form has been properly signed, dated, and either notarized or witnessed by two qualified individuals the form includes instructions about who can and cannot be a witness.

Keep the original in a safe place where your loved ones can find it quickly. Give copies of the completed form to the people you have appointed as your agent and alternate agent s , to your doctor s and health plan, and to family members or anyone else who is likely to be called if there is a medical emergency. You should tell these people to present a copy of the form at the request of your health care providers or emergency medical personnel. Take a copy of the form with you if you are going to be admitted to a hospital, nursing home or other health care facility.

Copies of the completed form can be relied upon by your agent and doctors as though they were the original. In addition, you should fill out the contact list provided in this kit. This will enable you to communicate any changes you make to your directive. Make sure you include the name, address, and telephone and fax numbers for each person or facility to whom you have given a copy of your Advance Health Care Directive form.

You can revoke or change an Advance Health Care Directive at any time. To revoke the entire form, including the appointment of your agent, you must inform your treating health care provider personally or in writing. In addition, if you revoke or change your directive, you should notify every person or facility that has a copy of your prior directive and provide them with a new one.

You complete a new form if you want to name a different person as your agent or make other changes. However, if you need only to update the address or telephone numbers of your agent or alternate agent s , you may write in the new information and initial and date the change. Of course, you should make copies or otherwise ensure that those who need this need contact information will have it.

You should make a list of the people and institutions to whom you give a copy of the form so you will know whom to contact if you revoke the Advance Health Care Directive, update contact information, or make a new one.

The form provides a place for this list. How will emergency personnel such as paramedics find my Advance Health Care Directive form in the event of an emergency? You should complete both cards. Keep one for yourself and give one to your spouse or someone who is likely to be contacted should you be in an emergency situation. The cards should be kept where emergency health care personnel will find them, such as in a wallet.

Will this Advance Health Care Directive keep this from happening? If the paramedics see your Advance Health Care Directive before they start resuscitative efforts, and the Advance Health Care Directive clearly instructs them not to start these efforts, they probably will not start resuscitation. Please see the form in this kit for ordering information. An Advance Health Care Directive that meets the requirements of California law may or may not be honored in other states, but most states will recognize an Advance Health Care Directive that is executed legally in another state.

If you spend a lot of time in another state, you may want to consult a doctor, lawyer, or the medical society in that state to find out about the laws there.

The law specifically says that no one can require you to complete an Advance Health Care Directive before admitting you to a hospital or other health care facility, and no one can deny you health insurance because you choose not to complete an Advance Health Care Directive. Your doctor probably can provide you with more information.

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