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Can I safeguard my choices if I become incapacitated in CA?

On Behalf of | Sep 18, 2024 | Estate Planning |

Contrary to popular belief, having an advance care plan is not only for seniors or people with serious illnesses. Anyone over the age of 18 should consider what would happen if they suddenly could not make decisions about their own health care or finances.

Without a plan in place, you may lose control over your medical care, finances and personal life. You also risk leaving your loved ones to make difficult decisions on your behalf or, worse, to face complex legal processes to resolve disputes in court. Fortunately, there are proactive measures you can take to ensure your autonomy remains protected, even if you cannot speak for yourself.

Powers of attorney (POA)

A power of attorney enables you to appoint someone you trust to make decisions on your behalf. In California, there are two main categories for POAs: one for financial matters and another for health care decisions. A financial POA ensures you have someone to pay your bills and manage your estate. Meanwhile, a health care POA lets you choose someone you trust to make medical decisions for you if you cannot make them yourself.

Advance health care directives

An advance health care directive combines a health care POA with instructions for your medical care. It allows you to specify your preferences for treatments, such as life support, pain management and organ donation. If you become unable to communicate, your health care directive serves as your voice. It lets your doctors and family members know your wishes about your medical treatment.

Living wills

A living will is a type of advance health care directive focusing specifically on end-of-life care. For instance, you might specify whether you do not want your medical team to keep you on life support if there is no chance of recovery.

Protecting your autonomy in California

Thinking about a future where you cannot communicate your decision to your loved ones can be uncomfortable. However, planning for incapacity is crucial to maintaining control over your life. Establishing powers of attorney, advance health care directives and living wills allows yyou to keep your voice heard no matter what happens.

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