Health-Care Power of Attorney in Golden Hills, Kern County

Compare the roles before comparing the names

Start with the question each document addresses. A health-care directive can designate an agent for health-care decisions; financial authority is a separate function. Do not assume that a person named in a financial document is also named to make health-care decisions. Check the document that addresses health care and identify the person, if any, designated there.

As a preparation step, collect the health-care directive and any documents addressing financial authority. Make a simple list of each document’s purpose and the person named in it. This can make it easier to spot whether the same person, different people, or no clearly identified person appears in the roles you are reviewing. The inventory is a way to organize a discussion, not a legal requirement.

• Which document addresses health-care decisions, and whom does it name?
• Which document addresses financial authority?
• Do the names and roles still match what you want?

Use communication as a practical decision test

When considering an agent, think about whether the person listens carefully, can communicate your wishes, and is someone with whom you can speak candidly. Consider an alternate as well: who would you want to consider if your first choice could not take on the role? These are questions to help you decide what fits your circumstances, not legal eligibility rules.

You might discuss how you want the person to communicate with you and others involved in your care, and what you would want them to do if they are unsure how to convey your preferences. A close relationship alone may not answer those questions. Focus on whether the person understands the responsibility you have in mind and whether you are comfortable with the way they would communicate.

• Can this person listen and convey your wishes clearly?
• Who would you consider as an alternate?
• What questions or communication preferences would you want to discuss with a prospective agent?

Keep the agent appointment distinct from treatment preferences

Choosing who may speak for you about health-care decisions and writing down treatment preferences are related, but distinct, planning concerns. Review any written treatment preferences alongside the document naming your health-care agent. Consider whether each still reflects what you want and whether the person you are considering would understand how you want those preferences communicated.

For a focused discussion, note the preferences you want to communicate and any questions about wording that you want to clarify. This is not a medical recommendation. Questions about treatment choices are best discussed with an appropriate health-care professional. Keep the two checks separate: what you want communicated, and who you want designated to communicate or make health-care decisions.

• What preferences do you want to communicate in writing?
• Does the person you are considering understand how you want those preferences conveyed?
• Does the current agent designation match your present choice?

Decide what to take into a planning conversation

Before deciding whether anything needs to change, gather the relevant documents and write down the names, roles, and questions you want to review. A practical discussion can focus on whether the health-care agent and possible alternate reflect your wishes, how you want communication handled, and whether you are distinguishing health-care authority from financial authority.

Golden Hills is an unincorporated community, not a location of a firm branch. Codi M. Dada Law Office P.C. serves clients virtually throughout California from its one physical office in Novato. If you are in Golden Hills and want to discuss your planning, a useful next step is to organize the documents and questions above for a focused conversation.