What is a durable power of attorney for healthcare?

A durable power of attorney for healthcare is a legal document that allows someone to appoint another person (known as an "agent" or "attorney-in-fact"), to make healthcare decisions on their behalf if they become unable to make decisions for themselves due to injury, illness, or other incapacity. The document enables the agent to make decisions regarding the principal’s medical care, including decisions about their medical treatment and end-of-life care. In California, the document must be in writing and signed by the principal in the presence of two witnesses or a notary public. The power of attorney only becomes effective if the principal is incapacitated or is unable to make their own medical decisions. The appointed agent is legally obligated to act in the principal’s best interest, and to comply with their known preferences regarding medical care, when such preferences are stated in the document or can be determined. The agent must follow the principal’s stated wishes, even if the wishes differ from medical advice. The durable power of attorney for healthcare grants the agent the authority to access medical records and to communicate with doctors, hospitals, and other healthcare providers on the principal’s behalf. It also grants the agent the power to make decisions about other matters related to healthcare, such as the admission to a nursing home, the election of Medicare benefits, and the authorization to use experimental treatments. By establishing a durable power of attorney for healthcare, the principal can ensure that their wishes are carried out, even if they are unable to make decisions for themselves. This document is an important part of estate planning and can help to ensure that medical care decisions are made with the principal’s best interests in mind.

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