Legal Question in Wills and Trusts in California

Re: Power of Attorney

A financial power of attorney and Health Care Directive are two separate documents. The financial power does not have any effect on health care instructions. The Health Care Directive can either be notarized or signed by two witnesses. The hospital should have a form there that you can fill out. If not, I use a form published by the California Medical Association. The bank will probably have their own form for the power of attorney. If not, you should be able to get from a stationary store that carries legal forms. You may also be able to find it on-line. If you are given a choice between a "Springing" and "General" Power of attorney, you should choose the Springing if you ONLY want it to take effect in the event of your incapacity. It should be notarized with any special instructions included.

If you have any questions, feel free to give me a call at (714) 921-3216 and good luck with your surgery.

Sincerely,

Joan Bennett

Re: Power of Attorney

I do not know when you are going to have surgery. You need two different kinds of powers of attorney. One will grant to your sisters certain powers regarding exactly what you want her to do, but that is signed on your bank account, have access to your safe deposit box, etc.. The other is what is called a living will wear UPS to someone, namely your sister instructions on whether or not you want the doctor is to continue giving you medication if the surgery turns bad and your life is in danger. It's what I call the "pull the plug " document. But you need these both done when you are of sound mind, understand what you are doing and the same time meet with an attorney. You can fill and certain forms but personally I do not like that idea, not just because I'm an attorney. Sometimes people give more power to someone in the intended because they do not understand the form. Additionally, the living will forms are many times available at the hospital where you consigned them in front of a witness and or notary. The problem that I find is again lack of time, hurriedness leading to error.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Power of Attorney

You will need to use two Powers of Attorney, one specific to healthcare decisions and another one specific to financial decisions. The hospital will likely be able to supply you with a healthcare power of attorney. These forms will allow your sister to make health and financial decisions for you while you are incapacitated.

Should you have any further questions, you may reach me at 714-396-0854. Best wishes for your surgery and a rapid recovery.