Power Of Attorney And Advance Health Care Directive In Your Estate Plan

Power of attorney and advance health care planning are critical aspects of your estate plan. The person you grant power of attorney (POA) in your will is given the authority to make financial decisions on your behalf should you become incapacitated. Power of attorney also assigns that person responsibility for the administration of your estate upon your death.

It is important to discuss power of attorney designation, advance health care planning and end-of-life planning with an experienced estate planning attorney, your physician and your loved ones. Everyone will have an opinion about what is best, and you will need trusted legal counsel to:

  1. Ensure that all of your directives are legally sound
  2. Help you make informed decisions
  3. Keep your planning documents up to date as things in life change

At McCoy Fatula, we offer complimentary initial consultations to new clients, and we serve people throughout California. If you already have an estate plan or a will, we can add these elements to it and help you keep your directives up to date. All elements of your estate plan should be easily adjustable to your needs throughout life. Our team's sophisticated strategic planning with your close involvement allows for flexibility and prudent planning at all points in life.

Please call our offices in Roseville at 916-945-2780 or 800-728-2184 to schedule a meeting with an attorney.

Do You Need Both Power Of Attorney And An Advance Health Care Directive?

Yes, your advance health care directive will designate a person of your choice to be granted durable power of attorney (different from power of attorney). This person has the authority to make decisions regarding medical care, treatment and life support.

His or her authority is meant to fill in the gaps of your advance health care directive because no document can possibly specify what to do in every possible medical emergency or complication you may have. Your advance health care directive should be as detailed as possible, especially regarding circumstances of whether or not you should remain on life support. If you choose, this is the document in which you would include a "do not resuscitate" (DNR) order.

Your advance health care directive will include instructions regarding:

  • Designation of durable power of attorney
  • Medical treatments you do or do not want to receive
  • Diagnostic testing you would or would not like to undergo
  • Medical procedures you do or do not want to go through
  • Whether you would like to be admitted to a nursing home or another health care facility when you are dying
  • Whether you want to be an organ donor

These are all very important decisions that are best made well in advance of declining physical and mental capacity. Preparing these documents ahead of time will greatly reduce strife between loved ones when the end of your life draws near.

Ask Our Law Firm About Completing Your Advance Health Care Planning

Our firm serves clients in the Sacramento area and throughout the U.S. in these matters. Please contact us to speak with a lawyer about your particular wishes and concerns. Call 916-945-2780 or 800-728-2184 today to schedule a meeting.