How can I ensure my wishes are carried out after I am no longer able?
It is important to have a plan in place to ensure that your wishes are clear and will be carried out after you are no longer able to make decisions or communicate your wishes. In California, the best way to make sure your wishes are fulfilled is to create a comprehensive estate plan, which typically includes documents such as a will, power of attorney, and healthcare directives. A will is a document that allows you to indicate who will receive your assets and property in the event of your death. It also allows you to state who should be your personal representative to ensure that your wishes are carried out as you intended. A power of attorney (POA) is a document that grants an individual (known as an agent) the legal authority to make decisions on your behalf in any situation. You can choose who will serve as your POA and can specify the type of decisions that your agent is allowed to make. Healthcare directives are documents that allow you to indicate your wishes for medical care in the event that you become unable to make decisions for yourself. The healthcare directives typically include an advance health care directive, which spells out the type of medical treatments you do or do not want to receive, and a durable power of attorney for healthcare, which allows you to name someone to make healthcare decisions on your behalf. By creating a comprehensive estate plan, you can ensure that all of your wishes will be carried out even after you are no longer able to make decisions or communicate your wishes. These estate planning documents are best created with the guidance of an attorney who specializes in elder law and understands the complexities of California law.
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