Power of Attorney for Health Care &
California Advance Health Care Directive

A California Advance Health Care Directive is a combination of what is sometimes called a living will and a power of attorney for health care.  An Advance Health Care Directive accomplishes two different goals within one document:

1. The Advance Health Care plans for your medical treatment if you ever become incapacitated. If you were in a coma and unable to make your own health care decisions, your Advance Health Care Directive allows you to nominate an agent (your "Attorney in Fact") to make medical decisions for you. With a properly executed Power of Attorney for Health Care, your chosen agent will know exactly what type of treatment you want, and can work directly with medical staff on your behalf.
   
   
2. The Advance Health Care Directive allows you to provide instructions on what lengths your doctors should go to if you are in a terminal condition with no hope of recovery.  Through your directive, you can tell doctors as well as family members what types of medical treatments should be used or withheld, including treatment for pain relief, and whether or not you want feeding tubes or artificial hydration.

 HIPAA Privacy Law
Recent federal legislation, entitled the Health Insurance Portability and Accountability Act of 1996 (HIPAA), is designed to protect your medical privacy. Unfortunately, it can also restrict your spouse, children, or appointed agents from accessing any information on your health care condition. The trustees of your trust or agents under your Power of Attorney for Health Care may find it difficult to access the information they need to prove your incapacity in order to take over your financial decisions or health care decisions. Additionally, once they are serving as your agents, they may have trouble gathering the information needed to process your health insurance or Medicare claims.

To avoid this situation, you must have your Power of Attorney or Advance Health Care Directive updated to include the “HIPAA Release” information. This will allow your family members and/or trustees and agents to obtain the necessary information on your health care condition, and to take over your finances in the event you are unable to do so yourself.

Orange County Estate Planning Attorneys
No one knows when, or if, they will ever need an Advance Health Care Directive, but consider the consequences if you fail to have one. The case of Terry Schiavo is a profound example of the conflict between family members when there is no written directive. A California Power of Attorney for Health Care can eliminate uncertainties and disagreements among family members because the best evidence of your intentions are always those that are in writing.

Everyone should consult a California estate planning lawyer about creating their own California Advance Health Care Directive. The capable attorneys at MORTENSEN & REINHEIMER, PC can help you implement a power of attorney for medical decisions in the event you become incapacitated, either physically or mentally.  With our assistance, you can be sure that your medical and health wishes are fulfilled.   

Contact Our Law Firm
Call the estate planning attorneys at MORTENSEN & REINHEIMER, PC today at (714) 573-7149, or send an e-mail to info@ocestateplanning.net, and we will contact you to set up a free initial consultation.