What is a healthcare power of attorney?

A healthcare power of attorney (also known as a medical power of attorney) is a legal document that allows someone to make medical decisions on behalf of another person. In California, a healthcare power of attorney allows an “agent” (the person making the medical decisions) to make decisions about the medical care, treatment, and services for an “incapacitated person” (the person being represented). With a healthcare power of attorney, the agent can make decisions about the incapacitated person’s medical care and treatment, including consenting to or refusing treatments, admitting or discharging from a hospital or other medical facility, and authorizing or refusing the release of medical records. The agent may also be able to make decisions about non-medical and financial matters which relate directly to the incapacitated person’s medical care, such as approving a caregiver for the person or authorizing payment for medical services. The healthcare power of attorney must be properly executed in accordance with California law. For example, the healthcare power of attorney must be witnessed by two people or acknowledged before a notary public. An individual may also revoke the healthcare power of attorney at any time, as long as the revocation is in writing. In California, a healthcare power of attorney can be an important part of a comprehensive estate plan. By authorizing an agent to make medical decisions, an individual can ensure that their medical wishes are respected and that the right decisions are made in the event of an emergency or illness.

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