Healthcare Power of Attorney (POA)

A durable POA for healthcare is more pursuant to California Civil Code Sections 2430 through 2443.

This document gives the persian you designate as your agent (the attorney in fact) the power to make health care decisions for you.  Your agent must act consistently with your desires as stated in this document or otherwise made known. 

The Healthcare POA Allows Your Agent Some or All of the Following:

Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive. 

Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision.  In addition, no treatment may be given to you over your objection at the time, and health care necessary to keep you alive may not be stopped or withheld if you object at the time. 

This document gives your agent authority to consent, to refuse to consent, or to withdraw consent or mental condition. This power is subject to any statement of your desires and any limitations that you include in this document.  You may state in this document any types of treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.  This power is subject to any statement of your desires and any limitations that you include in this document.  You may state in this document any types of treatment that you do not desire.  In addition, a court can take away the power of your agent to make health case decisions for you if your agent (1) authorizes anything that is illegal, (2) acts contrary to your known desires, or (3) where your desires are not known, does anything that is clearly contrary to your best interests. 

The powers given by this document will exist for an indefinite period of time unless you limit their duration in this document. 

You have the right to revoke the authority of your agent by notifying your agent or your treating doctor, hospital, or other health care provider orally or in writing of the revocation. 

Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document. 

Unless you otherwise specify in this document, this document give your agent the power after you die to authorize an autopsy, donate your body for transplant and direct the disposition of your remains. 

Patients increasingly demand a voice in making their wishes known at critical points in their medical treatment, and today these wishes are often spelled out in great detail.  Do not resuscitate orders, advance medical directives, pain management options are some of the medical choices patients can express through legal instruments such as a living will or by designating a health care proxy, so that these choices are clear in the event that the patient cannot express them himself. 

In the quarter century since the landmark Karen Ann Quinlan case, an ethical, legal, and societal consensus supporting patients’ rights to refuse life-sustaining treatment has become a cornerstone of bioethics.  Patients now legally can write advance directives to govern their treatment decisions at a time of future incapacity.  

You should consult an attorney who will listen to your wishes and draft an advanced healthcare directive that addresses all of your concerns.  Christopher Scarcella is such an attorney.

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Contact Our Claremont Estate Planning Lawyer Today!

Contact attorney Chris Scarcella, Esq., Certified Specialist in Trust, Estate Planning, and Probate by the State Bar of California, Board of Legal Specialization today to schedule an initial consultation.