California health care power of attorney is legal document gives your agent broad powers to make health care decisions for you - medical power of attorney - hcpoa
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The structure of the California Advance Health Care Directive is regulated by the California Probate Code.
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health
care may not be withdrawn or withheld if you object. The California Advance Health Care Directive combines a Power of Attorney for Health Care,
a Living Will, and a Directive to Physicians regarding organ donation into one document.
Legal Helpmate provides you with two options:
1) The Premium Package - California Health Care Directive consists of the following parts:
- Power of Attorney for Health Care
- Living Will (instructions for health care)
- Donation of Organs at Death (optional)
- Primary Physician Designation (optional)
- Durable Springing Power of Attorney for Property and Finance
2) The Basic Package - California Health Care Directive consists of the following parts:
- Power of Attorney for Health Care
- Living Will (instructions for health care)
- Donation of Organs at Death (optional)
- Primary Physician Designation (optional)
Part 1 - Medical Power of Attorney
- lets you name another individual as an agent to make health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. (Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is related to you or is a coworker.)
Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. Space is provided for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to: Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.
- Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.
- Select or discharge health care providers and institutions.
- Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.
- Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.
- Make anatomical gifts; authorize an autopsy, and direct disposition of remains.
Part 2 - Instructions for Health Care
lets you give specific instructions about any aspect of your health care, whether or not you appoint an agent. Choices are provided
for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, as well as the provision
of pain relief. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes.
If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out Part 2 of this form.
Part 3 - Donation of Organs at Death
of this form lets you express an intention to donate your bodily organs and tissues following your death.
Part 4 - Primary Physician
of this form lets you designate a physician to have primary responsibility for your health care.
THIS ADVANCE HEALTH CARE DIRECTIVE IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person designated by the Principal as your agent;
(2) a person related to the Principal by blood or marriage;
(3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law;
(4) the Principal’s attending physician;
(5) an employee of the Principal’s attending physician;
(6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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