Powers of Attorney and Advance Health Care Directives
It is difficult to consider and make decisions about end-of-life care and your wishes in the event you become incapacitated and cannot manage your personal and financial affairs. However, without appropriate documentation (like an advance health care directive or power of attorney), family members are forced to seek court intervention to obtain the authority to make such decisions on your behalf (through a conservatorship). At the Santa Monica Law Offices of Robert ML Baker III, we educate clients on the benefits of planning for their incapacity, help them understand their options, and assist them in clearly conveying their wishes to loved ones, physicians, and the courts.
Advance Health Care Directives
An advance health care directive (also called a living will or health care power of attorney in other states) allows you to appoint a trusted individual to make health care decisions on your behalf if you are unable to do so. The advance health care directive enables you to give instructions and express your wishes regarding your health care. For example, it allows you to state whether you want to receive life-sustaining procedures, such as life support or intravenous feeding, if you become permanently comatose or terminally ill (also known as a living will). It also enables you to give instructions concerning organ donation, disposition of remains, and your funeral. In the absence of such instructions, your family members are left with the burden of making such decisions and may be forced to seek court intervention, with no guarantee that your actual (but unwritten) wishes will be honored.
Powers of Attorney
Durable powers of attorney are created to protect you if you become incapacitated in the future. It allows you to appoint someone you trust (the attorney-in-fact) to manage your financial and personal affairs in the event that you become temporarily or permanently incapacitated.
A durable power of attorney allows the attorney-in-fact to make financial decisions on your behalf. This financial power of attorney includes the authority to pay bills and manage all of your financial concerns. Without a durable power of attorney, the court would be required to intervene and appoint a conservator to manage your affairs. The costs and expenses of a conservatorship, as well as any attorney’s fees, are paid out of the disabled person’s estate.
Consult an Incapacity Planning Attorney You Can Trust
We understand that contemplating such decisions is an intensely personal process. We strive to provide clients with the personal, comforting guidance necessary to alleviate their concerns. We help them proactively implement incapacity planning techniques to avoid problems in the future. Contact our Santa Monica law firm to speak with a compassionate and experienced estate planning specialist.
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The Santa Monica, California Law Offices of Robert ML Baker III represents clients throughout Los Angeles County, including the cities of West Hollywood, Westwood, Beverly Hills, Culver City, Malibu, Encino, Marina Del Rey, West Los Angeles (West LA), Santa Monica, Venice, Los Angeles, Sherman Oaks and the South Bay.
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