Health-Care Decision Maker Planning for Del Mar

First clarify which authority you are considering

A health-care directive can designate an agent for health-care decisions. Financial authority and health-care authority serve different purposes. That distinction matters when you are deciding what to discuss: a person who helps with financial matters is not automatically the answer to a separate question about who should make health-care decisions.

Start by identifying the decision in front of you. Is your main question who you want to designate for health-care decisions? Are you considering whether to name an alternate? Or are you trying to sort out financial authority as well? Keeping those questions separate can make the next planning conversation more focused.

If you have one person in mind for both health-care and financial roles, you can discuss each role independently. The practical point is not to assume that one kind of authority addresses the other.

• Which authority are you trying to address now: health-care decisions, financial matters, or both?
• Are you considering the same person for separate roles, or different people?

Consider whom you want to designate—and whether to name an alternate

Choosing a health-care decision maker is a personal decision. You may find it useful to write down the people you are considering and the questions you want to ask about the role. For example: What would I want this person to understand about my priorities? What would I want to discuss with them about communicating on my behalf? These are optional prompts for your own consideration, not a test or a legal requirement.

You can also consider whether you want to discuss an alternate in case your first choice cannot take on the role. Naming or considering an alternate is a separate planning question from deciding what treatment preferences to put in writing. If you are uncertain, note what you want clarified rather than treating the choice as already settled.

A useful way to frame the discussion is to describe what you want the person’s role to be and ask what needs to be clarified about that authority. The focus is the decision-making role, not an assumption that a person’s relationship to you or financial responsibilities determine who should serve.

Separate the agent appointment from treatment preferences

Designating an agent addresses who may make health-care decisions. Written treatment preferences address a different subject: what you want considered about your care. Choosing an agent does not itself state those preferences.

You can therefore separate the two questions when planning. One conversation may focus on whom you want to designate and whether you want to consider an alternate. Another may focus on whether and how you want to put treatment preferences in writing. If both matters are on your mind, identify them separately so that deciding on one does not leave the other unclear.

For example, you might have a person in mind but still have questions about recording treatment preferences. Or you might have preferences to discuss while still deciding whom you want to designate. Those are different planning questions; neither one answers the other.

Prepare questions around the decision that is unresolved

As an optional preparation step, make a short list of the people you are considering, whether you want to discuss an alternate, and any questions about the difference between health-care and financial authority. You might also note what you want a prospective decision maker to understand about your priorities. This list is for organizing your thoughts; it does not create a legal requirement.

If you are unsure whether the same person should be considered for health-care and financial roles, bring that question forward explicitly. If your main uncertainty is instead about written treatment preferences, keep that question distinct from the agent choice. Identifying the unresolved issue helps direct the conversation toward the decision you actually need to make.

Codi M. Dada Law Office P.C. serves clients in Del Mar virtually from its Novato office. A planning discussion can focus on your intended health-care decision maker, whether you want to consider an alternate, and how those choices differ from financial authority and treatment preferences.

• What authority do I want to address?
• Do I want to discuss an alternate?
• Are my questions about the agent, written treatment preferences, or both?