P.O.Box 225081, San Francisco, CA 94122

call us415-534-1200

Using Online Statutory Forms for POA and Advance Health Care Directive

Posted on in Estate Planning

Oakland estate planning attorneyLife is unpredictable, and that is why it is important to plan ahead in case the unexpected happens. For instance, if you or your loved one are involved in a car crash or other type of catastrophic accident, the injuries you suffer may be debilitating, leaving you unable to work or live without assistance. In some cases, they can even prove fatal. The Power of Attorney and Advance Health Care Directive are some of the most common elements in an estate plan. These statutory forms are available online to download for free, and they are often fillable or preprinted forms, which make them easier than the ones most attorneys typically charge for. At the Law Office of Martin Alperen, we can provide you with the links to these legal forms and offer the guidance you need in filling them out correctly. 

Power of Attorney and Advance Medical Directive

Although you may think of estate planning only as a way of carrying out your wishes and providing for your family after your death, a valid estate plan can help with making decisions when you are still alive. Whether an illness or an accident caused you to lose your cognitive abilities, or you are simply out of town on an extended business trip or vacation, there may come a time when you need someone to act on your behalf. 

Under California law, In California, a Power of Attorney (POA) can provide decision-making authority in three main areas:

  1. Business/property: Decisions regarding your property and assets, such as financial transactions
  2. Personal care: Decisions related to your living situation, nutrition, transportation, and recreation
  3. Health care: Also known as an advanced health care directive, and it permits a designated person to make decisions for your medical treatment. These are durable and go into effect once you are incapacitated.

In California, an Advance Health Care Directive typically consists of two major components: 

  1. Individual health care instructions: Also known as a living will, this focuses on the your wishes regarding medical care and treatment if you are incapacitated, such as surgery, medication, resuscitation, ventilation, feeding tube, and dialysis. 
  2. Health care power of attorney: As mentioned above, a health care POA authorizes a trusted individual (attorney-in-fact) to make decisions regarding your medical care.

Free Resources

Attorney Martin Alperen is well-versed in California laws regarding estate planning. He can assist you with filling out the following statutory forms: 

California Advance Health Care Directive Form:

https://oag.ca.gov/sites/all/files/agweb/pdfs/consumers/ProbateCodeAdvancedHealthCareDirectiveForm-fillable.pdf

California Uniform Statutory Form Power of Attorney: 

https://disasterlegalservicesca.org/wp-content/uploads/2020/05/POA-5.22.20.-1.pdf

https://eap.ucsb.edu/sites/default/files/PowerofAttorney.pdf

http://file.lacounty.gov/SDSInter/dca/1021444_4.18.17_UniformStatutoryFormPowerofAttorney.pdf

Aging with Dignity: Founded in 1996 as a private, nonprofit organization with a mission to safeguard and affirm the human dignity of every person faced with the challenges of aging or serious illness.

https://agingwithdignity.org/

Five Wishes: Written in user-friendly lay language, Five Wishes was the first advance directive to address emotional and spiritual issues in addition to adhering to medical and legal criteria.

https://fivewishes.org Go to “Store”

Compassion & Choices: This organization promotes a life-affirming society that also accepts the inevitability of death, embraces options for compassionate dying, and empowers individuals to choose end-of-life care compatible with their values, priorities, and beliefs.

https://www.compassionandchoices.org/

Contact a Richmond District Estate Planning Lawyer

It is important to think about the future, regardless if you are just entering the workforce or nearing retirement. Estate planning documents are crucial to ensure your wishes are carried out in the event an accident leaves you incapacitated or upon your death. If you would like to learn more about these essential forms, contact a reputable San Francisco estate planning attorney. Attorney Martin Alperen is known as “The Rolling Attorney,” and he has extensive experience in both the government and private sectors, including all areas of estate planning. For your convenience, Attorney Alperen will meet clients wherever they are for appointments. Call us today at 415-534-1200 to schedule your free case evaluation. 

 

Sources:

https://www.courts.ca.gov/8865.htm

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=4.5.&title&part=2.&chapter=2.&article

Back to Top