Legal Question in Health Care Law in California

If the power of attorney ends with my death or incapacitation, what good is it, since that's when I want the person to act for me - to do things I could no longer do - to say let me die instead of use inappropriate life support, or to distribute my assets after my death?


Asked on 2/11/11, 9:54 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You can specify in a durable power of attorney for health care that you want to be kept on life support, be administered nutrition, etc. You would give a copy immediately to your regular physician and, if you are hospitalized, to the hospital, as well. If you don't trust the person you designate to do those things for you, you should substitute a new attorney-in-fact who will carry out what you want. By putting that document into your medical chart, doctors should know what you want to happen, even if you can't speak for yourself.

As far as distributing your assets, that's why people make wills and create trusts, to establish a scheme to carry out their intentions. A power of attorney ceases to be effective upon the death of its maker.

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Answered on 2/12/11, 6:08 pm


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