What would happen if you could no longer make your own medical decisions?
An accident, sudden illness, surgery complication, or loss of mental capacity can happen at any age. If you cannot communicate your wishes, your loved ones may be forced to make difficult decisions without clear guidance.
That is why a health care power of attorney is one of the most important documents in a complete estate plan.
A health care power of attorney allows you to name someone you trust to make medical decisions for you if you are unable to speak for yourself. In California, these powers are generally included within an Advance Health Care Directive, along with your health care wishes. A HIPAA Authorization helps ensure your health care agent can receive the medical information needed to make informed decisions during a medical emergency.
What Is a Health Care Power of Attorney?
A health care power of attorney is a legal document that lets you choose a trusted person to make medical decisions for you if you cannot make them yourself.
In California, the document that appoints your health care agent is generally called an Advance Health Care Directive. Throughout this article, we use the term “Health Care Power of Attorney” because it describes the authority given to the person you choose to make medical decisions on your behalf.
This person is often called your health care agent, proxy, or representative.
Your agent may need to speak with doctors, review treatment options, approve or refuse certain medical care, and advocate for your wishes.
You still make your own health care decisions as long as you are able. Your health care power of attorney only becomes important when you cannot communicate or make decisions on your own.
Who Needs a Health Care Power of Attorney?
Every adult age 18 or older should consider having a health care power of attorney.
Many people assume this document is only for older adults or people with serious health conditions. That is not true. Once you turn 18, your parents or family members may not automatically have the legal authority to make medical decisions for you.
A health care power of attorney can be important if you are:
- A young adult leaving for college
- A newly married spouse
- A parent with minor children
- A single adult
- A caregiver for an aging loved one
- A senior creating or updating an estate plan
- Anyone preparing for surgery or medical treatment
Without this document, your family may face delays, confusion, or disagreement during a stressful medical emergency.
How a Health Care Power of Attorney Protects Your Wishes
A health care power of attorney helps answer two major questions:
Who Do You Trust to Make Medical Decisions?
Your chosen agent should be someone who understands your values and can stay calm under pressure.
This person may need to talk with doctors, ask questions, and make decisions quickly. They should be willing to follow your wishes, even if those wishes are emotionally difficult.
LKA Tip: Follow the Rule of Three
We recommend naming your spouse, if applicable, followed by at least three successor agents. Life changes, and having multiple backup agents helps reduce the likelihood that you’ll need to update your estate plan if someone is unable to serve.
It is usually best for agents to serve one at a time instead of all serving together. If multiple agents must act together, they may need to make unanimous decisions. That can create delays during an emergency.
What Medical Decisions Do You Want Made?
Your Health Care Power of Attorney can also provide guidance about the type of medical care you want.
This may include your wishes about life-prolonging treatment, end-of-life care, organ donation, and other medical decisions.
The clearer your instructions are, the easier it can be for your loved ones to honor your wishes.
Health Care Power of Attorney and Living Wills
A Health Care Power of Attorney and a Living Will are related, but they are not exactly the same.
Many people hear the terms Health Care Power of Attorney, Advance Health Care Directive, and Living Will used interchangeably. While they are closely related, the terminology varies by state.
In California, the document your attorney prepares is generally called an Advance Health Care Directive. It includes your Health Care Power of Attorney (appointing your health care agent) as well as your instructions regarding medical treatment, end-of-life care, and other health care decisions.
Some other states use separate documents called a Health Care Power of Attorney and a Living Will.
Regardless of the name, the goal is the same: making sure the right person can speak for you and that your medical wishes are known
What Is an Advance Health Care Directive?
An advance health care directive is a broader document that may include both your health care power of attorney and Living Will instructions.
It can explain your medical care preferences and name the person who should speak for you.
In many estate plans, the terms “Health Care Power of Attorney,” “Advance Health Care Directive,” and “Living Will” are closely connected. The exact terminology can vary by state.
That is why it is important to work with an experienced estate planning attorney who can prepare documents that meet your state’s legal requirements.
Important Health Care Decisions to Include
A health care power of attorney can include several important decisions.
Choice to Prolong Life
You may choose to have your life prolonged as long as possible within generally accepted health care standards.
This means your medical team may continue treatment when it is medically appropriate, even if your condition is serious.
Choice Not to Prolong Life
You may also choose not to have your life prolonged in certain circumstances.
This may apply if:
- You have an incurable and irreversible condition that will result in death within a relatively short time
- You become unconscious and doctors determine you are unlikely to regain consciousness
- The risks and burdens of treatment outweigh the expected benefits
This decision is deeply personal. Your estate planning documents should reflect your values, beliefs, and medical preferences.
Organ Donation Instructions
Your health care power of attorney may also include instructions about organ donation.
You can decide whether you want to donate organs, eyes, or tissue after death. You may also choose whether to restrict which organs may be donated.
If you choose to donate, you may also decide how the donation may be used. For example, you may allow donation for transplant, therapy, research, education, or other medical purposes.
OrganDonor.gov provides helpful information about organ, eye, and tissue donation for those who want to learn more.
If you are not comfortable with organ donation, your documents can state that as well.
Why You Also Need a HIPAA Authorization
A HIPAA Authorization is another important document that should be kept with your health care power of attorney.
Your health care power of attorney allows your agent to make medical decisions for you. A HIPAA Authorization allows the people you authorize to access your medical information.
This matters because your agent may need medical details before making an informed decision.
For example, imagine doctors ask your agent to approve surgery. Your agent asks why the surgery is needed. Without proper authorization, the medical team may be limited in what they can share.
With both a health care power of attorney and HIPAA Authorization, your agent can receive the information needed to advocate for you.
The U.S. Department of Health and Human Services explains that a personal representative may have rights to access relevant protected health information under HIPAA.
What Can Happen Without Health Care Planning?
Without proper health care planning, your loved ones may face unnecessary stress during a medical crisis.
They may not know:
- Who should make decisions
- What medical care you would want
- Whether you want life-prolonging treatment
- Whether you want to donate organs
- Who can access your medical information
This uncertainty can lead to delays, family disagreements, and emotional strain.
A healthcare power of attorney helps reduce confusion by giving your loved ones clear legal authority and guidance.
How a Health Care Power of Attorney Fits Into an Estate Plan
A health care power of attorney is one part of a comprehensive estate plan.
A complete living trust estate plan in California may include:
- Revocable Living Trust
- Pour-Over Will
- Durable Financial Power of Attorney
- Health Care Power of Attorney
- HIPAA Authorization
- Trust funding instructions
Each document serves a different purpose. Together, they help protect your health care wishes, finances, property, and loved ones.
Frequently Asked Questions
What is a Health Care Power of Attorney?
A health care power of attorney is a legal document that lets you name someone to make medical decisions for you if you cannot make them yourself.
Is a Health Care Power of Attorney the same as a Living Will?
No. A healthcare power of attorney names your decision-maker. A living will explains your medical treatment preferences, especially for end-of-life care.
Do I need a health care power of attorney if I am married?
Yes. Marriage does not always solve every legal or medical issue. A properly prepared health care power of attorney gives clear authority and helps avoid confusion.
How many health care agents should I name?
It is wise to name more than one agent. Our office generally recommends naming at least three agents. If you are married, this may include your spouse plus three additional agents.
Should my agents serve together or one at a time?
In many cases, it is better for agents to serve one at a time. If multiple agents must agree on every decision, it may delay urgent medical care.
Can I still make my own medical decisions?
Yes. You continue making your own medical decisions as long as you are able. Your agent only acts when you cannot communicate or make decisions yourself.
Can I change my Health Care Power of Attorney?
Yes. As long as you have legal capacity, you may revoke or update your Health Care Power of Attorney at any time. We also recommend reviewing your estate plan after major life events, such as marriage, divorce, the death of an agent, or significant changes in your health.
When can my health care agent begin making decisions for me?
Your health care agent generally acts only if you are unable to make or communicate your own medical decisions. As long as you are able to make your own decisions, you remain in control of your health care.
Why do I need a HIPAA Authorization with my Health Care Power of Attorney?
A HIPAA Authorization allows your authorized people to access your medical information. This helps your health care agent make informed decisions.
Can I include organ donation instructions?
Yes. You can state whether you want to donate organs, eyes, or tissue. You can also limit what may be donated and how donations may be used.
When should I update my health care power of attorney?
You should review it after major life changes, such as marriage, divorce, death of an agent, serious illness, relocation, or a change in your medical wishes.
How do I create a health care power of attorney?
The best way is to work with an estate planning attorney. Your attorney can help make sure your documents follow state law and clearly reflect your wishes.
Protect Your Health Care Wishes Before an Emergency Happens
A health care power of attorney is not just a document for seniors. It is an essential planning tool for every California adult age 18 or older. Medical emergencies can happen unexpectedly, and having the proper documents in place helps ensure your wishes are known while reducing stress for the people you love.
It gives your loved ones guidance. It gives your health care agent legal authority. Most importantly, it helps ensure your medical wishes are known and respected.
To learn more about Health Care Power of Attorney documents and other estate planning tools, visit Litherland, Kennedy & Associates or attend one of our living trust seminars.
Planning ahead can make a difficult medical situation easier for the people you love most.
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