How Does a Durable Power of Attorney in Healthcare Work in California?

Planning ahead for medical decisions is a smart part of any California estate plan. One of the most important tools is a Durable Power of Attorney for Health Care, also known as a California Advance Health Care Directive. This legal document gives someone you trust the authority to make medical decisions for you if you cannot speak for yourself.

Here’s how it works—and why you shouldn’t wait to put one in place.

✅ What Is a Durable Power of Attorney for Health Care?

A Durable Power of Attorney for Health Care in California allows you (the "principal") to appoint an "agent" (or health care proxy) who can make medical decisions for you when you are incapacitated.

This authority includes:

• Choosing doctors or care facilities

• Accepting or declining surgery or treatments

• Making decisions about life support or end-of-life care

• Authorizing pain management options

This legal tool stays valid even if you lose the ability to make decisions, making it “durable” under California law.

📋 California Requirements for a Valid Health Care Directive

To be legally valid, your Durable Power of Attorney for Health Care must:

• Be signed by you while you’re of sound mind

• Be witnessed by two adults or notarized

• Clearly designate your chosen agent

You don’t need a lawyer to complete one, but legal advice ensures your wishes are clear and enforceable.

Choosing Your Agent

Pick someone who:

• Is over 18

• Knows your values and wishes

• Can remain calm and make hard decisions

You may name alternate agents in case your first choice isn’t available.

🗣️ Tip: Talk to your agent ahead of time about your health care preferences so they are fully prepared if needed.

When Does the Agent’s Authority Begin?

Your agent’s power only activates when your doctor determines you can no longer make decisions for yourself.

As long as you’re conscious and capable, you remain in charge of your health care choices.

What Happens If You Don’t Have One?

Without a durable health care power of attorney in California:

• Your family may need to go to court for a conservatorship

• Medical decisions may be delayed

• Someone you wouldn’t choose might make those choices for you

A Key Part of Your Estate Plan

This document is often combined with other planning tools like:

• A Living Will (treatment preferences)

• A HIPAA Authorization

• Your Revocable Living Trust and Will

Health Care Directive Checklist]

This checklist includes:

• What to include in your directive

• How to choose an agent

• Witnessing and notarization tips

• What to share with doctors and family

Final Thoughts

A Durable Power of Attorney for Health Care in California ensures that your medical wishes are respected, even if you cannot speak for yourself. It gives peace of mind to you and your loved ones—and it’s easier to create than you might think.

📞 Need help setting up your health care directive? Contact our office today to schedule a consultation and get your estate plan in order.

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Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.