Why Do I Need A Durable Power Of Attorney And Advance Health Care Directive?
It is impossible to plan for the unforeseeable. However, there are certain steps you can take to protect yourself in the event of future illness, incapacity or death.
At the Law Offices of Connie Yi, PC, I help individuals draft durable powers of attorney and advance health care directives that ensure their wishes regarding end of life health care are respected and their finances are appropriately managed in the event of their future illness, incapacitation or death.
Durable Power Of Attorney And Advance Health Care Directive Lawyer
I am attorney Connie Yi. For more than 10 years, I have been helping generations of families create comprehensive estate plans that protect their property and reduce their tax liabilities.
Protecting your financial and health care-related interests is just as important as protecting your property. Estate plans that lack powers of attorney and advance health care directives are not complete. Unless these tools are incorporated into an estate plan, individuals have no way to dictate how their money is to be managed and their health care provided when they are unable to make decisions on their own behalf.
At the Law Offices of Connie Yi, PC, I help individuals draft durable powers of attorney and advance health care directives that protect their current and future financial and health care-related interests.
Frequently Asked Questions About Planning Your Future Health Care
A thoughtful health care plan can help your family understand your wishes during unexpected events and medical emergencies. The information below can guide you through the process of designating trusted decision-makers and outlining your preferred medical care in California.
Should my DPOA be “immediate” or “springing” (effective upon incapacity) in California?
A durable power of attorney becomes effective when signed unless the document states that it will activate later. An immediate DPOA allows your agent to act without waiting for an incapacity determination, helping reduce delays during urgent situations.
A springing DPOA activates only after a defined event occurs, usually a formal incapacity finding by one or more physicians. This requirement can slow access to financial accounts and create uncertainty about when authority begins.
California Probate Code recognizes both forms and allows individuals to choose the structure that best fits their needs. Many people prefer immediate authority because it helps prevent disputes about whether incapacity has been established.
The hospital will not honor the Advance Health Care Directive. What steps should we take?
If you signed the directive in a skilled nursing facility, an ombudsman or patient advocate must also witness the document for it to be valid under state law. If staff cannot locate the directive, consider using the California Advance Health Care Directive Registry. Registration is optional, but it allows health care providers to request the document directly when it is needed.
If the hospital still refuses to honor the directive, ask to speak with the attending physician, the charge nurse and the facility’s ethics or compliance department. Provide copies of the directive, confirm witness or notary requirements and request recognition of the agent’s authority under California law. We can offer guidance and knowledge when providers fail to honor your directives.
What is the difference between an Advance Health Care Directive and a POLST in California? Do I need both?
An Advance Health Care Directive is a legal planning document that names a health care agent and outlines general medical preferences. It applies if you lose capacity and is appropriate for every adult.
A POLST is a medical order signed by a physician, nurse practitioner or physician assistant. It provides specific treatment instructions for emergency responders and clinical teams. It is intended for individuals with serious illness or limited life expectancy.
Healthy adults generally need only an Advance Health Care Directive. Those facing significant medical conditions may need both documents because they serve different purposes.
Make Your Voice Heard
At the Law Offices of Connie Yi, PC, I believe you should stay in control of your health care. Drafting an advance health care directive allows you to name a trusted friend or family member to make health-related decisions for you when you are no longer able to do so. By clearly communicating your fears, beliefs and goals regarding end-of-life health care, you stay in control of your future health.
Durable powers of attorney are another vehicle used by many to ensure their financial assets are properly managed.
As you age it may become increasingly difficult to properly manage your financial affairs. A durable power of attorney allows you to name a responsible agent — typically a family member or friend — to administer financial affairs on your behalf. Not only does this ensure your bills are paid and money is invested appropriately, it also reduces the burden on family members who may struggle to pay your bills and meet your financial commitments without access to your funds.
Contact me, Alameda County estate planning attorney Connie Yi, at . I speak fluent Mandarin and Cantonese.