Life can change in an instant. Whether due to an accident, sudden illness, or progressive condition, situations may arise where you’re unable to speak for yourself or manage your money. That’s why it’s essential to have a plan in place before the unexpected happens. Two of the most important tools in any estate plan—especially in California—are Advance Health Care Directives and Financial Powers of Attorney.
What Is an Advance Health Care Directive?
In California, an Advance Health Care Directive (AHCD) is a legal document that allows you to:
- Appoint a specific trusted person to make health care decisions if you’re unable to do so.
- Specify your medical wishes in writing, including preferences for life-sustaining treatment, organ donation, and pain management, in case you are unable to speak with your doctors.
- Provide instructions about your values and goals related to care.
Unlike other attorneys whose medical directives may be split into multiple documents (like a living will and a health care proxy), our office combines these into one comprehensive AHCD.
Why It Matters
Without an AHCD, family members may disagree about your care, or hospitals may be forced to make decisions based on protocol—not your personal values. Having this document ensures your wishes are honored and your chosen decision-maker is empowered to act.
What Is a Financial Power of Attorney?
A Financial Power of Attorney (POA) allows someone else—your agent or attorney-in-fact—to act on your behalf in financial and legal matters.
There are several types, but two common ones in California estate planning are:
- Durable Power of Attorney – Remains effective even if you become incapacitated. Ideal for long-term planning.
- Springing Power of Attorney – Only becomes effective when you are legally declared incapacitated, often requiring certification by one or more physicians.
What Can an Agent Do?
Your POA can authorize someone to:
- Pay bills
- Manage investments
- Handle real estate transactions
- Access bank accounts
- File taxes
- Make other legal or financial decisions in your name
Your agent’s authority is generally broad but can be tailored to your preferences.
California-Specific Considerations
- Statutory Forms: California provides a statutory Advance Health Care Directive and Financial Power of Attorney form. However, many medical care providers and financial institutions (like banks) will not honor statutory forms due to vague language. By working with an attorney, we can work together to create custom provisions that better reflect your values and unique situation.
- Witnessing & Notarization: For an AHCD, California requires either notarization or signatures from two adult witnesses (one of whom must be unrelated). A POA must be notarized to be legally effective with financial institutions.
- Healthcare Decisions: California law requires that the person you name as your health care agent be over 18 and mentally competent. While you can name almost anyone, you cannot name your health care provider, or someone affiliated with a care facility unless they are a family member.
- Digital Access: California’s law now recognizes electronic health records and online sharing platforms, which means your AHCD can be uploaded and accessed through your provider’s patient portal—making it easier for medical staff to follow your instructions when time is critical.
When Should You Create These Documents?
The best time is now—before you need them. These documents are essential not only for older adults but for:
- Young adults heading off to college
- Parents with minor children
- People undergoing surgery
- Individuals with chronic illness or high-risk jobs
- Anyone planning travel—especially solo or long-distance trips
Final Thoughts
Preparing for the unexpected isn’t pessimistic—it’s practical. By creating an Advance Health Care Directive and a Financial Power of Attorney, you’re making sure your loved ones have the tools and clarity they need in a crisis. You’re also taking control of your future, your dignity, and your peace of mind.
At Herbert Law Office, we help families navigate these important decisions with compassion and clarity. If you’re ready to get your plan in place or want to review your existing documents, we’re here to help.
Contact us today at (661) 273-9007 to schedule your free consultation and make sure you’re prepared—no matter what life throws your way.