J. POWERS OF ATTORNEY; HEALTH POWERS

1. Power of Attorney
Another device that is frequently considered in estate planning is the execution of a power of attorney.  A power of attorney provides to the recipient the ability to act on behalf of the person giving that power.  A power of attorney can be an extremely useful, or an extremely dangerous, document.  While it may be important to have someone have authority to sign for you in various circumstances, someone to whom you have given a power of attorney could sell your property, take money in your name, or take other actions on your behalf of which you may or may not approve.  You therefore should be extremely cautious in executing such a document.  A California STATUTORY FORM DURABLE POWER OF ATTORNEY is attached as Appendix IV.

2. Advanced Healthcare Directive or Durable Power of Attorney for Healthcare.

A Durable Power of Attorney for Healthcare, or an Advanced Healthcare Directive, is generally designed to allow you to appoint someone to make medical decisions for you if you are unable to do so.  The California law has been modified a number of times over the years to authorize different forms of this type of provision.  Attached as Appendix VI is an ADVANCE HEALTH CARE DIRECTIVE  based upon California Probate Code Section 4701.

While these documents are extremely desirable, you will want to be cautious to complete them carefully.  While you generally will not need an attorney to assist in preparing these forms, if you have questions that are not addressed in the instructions themselves, you may want to consult with an attorney as to their effect and operations.  Keep in mind that this is a broad scope document designed to allow an agent to act for you where you may be in a position so that you cannot make these decisions.  You are also generally providing the agent with the authority to make final decisions for you if you are on life support and your prognosis is poor.  It is my strongest recommendation that in addition to executing the Advanced Healthcare Directive, you should discuss in great detail your wishes or desire for the persons you have designated as agents or alternate agents.