Legal Question in Wills and Trusts in California

Which form to use?

In California, what forms are needed to prepare one's affairs in the event of disability or death? What is the difference between ''CA power of attorney for health care'' and ''CA durable power of attorney effective on disability?'' Do I need ''CA advance health care directive'' also? I plan to give my husband the right to make decisions for me in the event of disability. Thanks for straightening out my confusion.


Asked on 4/07/04, 7:42 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Which form to use?

The health care directive gives someone the authority to make decisions on your behalf regarding medical issues, such as life sustaining devices being used if you are in a vegetative state from which you will not recover.

The Durable Power of Attorney gives the person who is granted those powers the ability to act on your behalf with regard to financial matters in the event of your incapacity .

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Answered on 4/08/04, 11:30 am
Scott Schomer Schomer Law Group

Re: Which form to use?

The health care directive only applies to health care decisions. The durable power of attorney is used for financial matters. You should also consider preparing a will and/or living trust. Please contact us if we can assist you with these documents.

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Answered on 4/08/04, 3:56 pm


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