qx | LAW | Contra Costa County "' CENTER San ASESEIATION 866.543.8017 Lawyer Referral & Information Service info@thelawcenter.cc 925.825.5700 — www.cecba.org FREQUENTLY ASKED QUESTIONS POWER OF ATTORNEY FOR HEALTH CARE ‘What is a Power of Attorney for Health Care Decisions? A power of attorney for health care decisions, also called an “advance-health care directive”, allows someone who you appoint to make medical decisions for you if you can no longer make decisions for yourself. For instance, if you are incapacitated, your agent has the legal authority to speak for you on health care matters. What is the Scope of Authority? Your agent has broad authority to act on your behalf, unless you {imit this authority in writing in the power of attorney. An agent has the same rights as you to: * accept or refuse medical treatment; = request, examine, copy and consent to the disclosure of any medical or other health care information; = make decisions about organ donations, authorizing an autopsy or directing whether your remains will be buried or cremated. "If you have not left written instructions, your agent must determine what your wishes would have been according to your personal values and in light of your best interests. Who May | Appoint as My Agent? Any adult: Your spouse, an adult child, a family member, or a trusted friend can be your agent. Also, it is important to chose at least one, preferably two alternate agents in case the person you chose is unavailable or unwilling to make decisions for you. It is important that you speak with your agent about your wishes, and to ensure that he or she is willing to accept this responsibility. Itis also crucial that you give your agents copies of your power of attorney so it is in hand if they are called in an emergency.May Not Serve as My Agent? Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is a relative or a coworker. w Do | Change Agents or Revoke My Power of Attorney? ‘As long as you have mental capacity, you can change your agent by notifying your health care provider in writing or in person. Any other part of your power of attorney can be changed at any time, provided that you communicate the changes to your agents and health care provider. If you create a new. power of attorney, then the previous one is completely revoked. Can My Domestic Partner Make Health Care Decisions? Yes. A registered domestic partner has the same authority to make health care decisions as 2 spouse. What Happens if | Get a Divorce or Dissolution? if your former spouse or domestic partner was your health agent, then upon divorce or dissolution their authority is revoked. How Do Paramedics Know | Have a Power of Attorney? Keep a copy of your power of attorney posted on your refrigerator and in your night stand. Also place a list of persons named as your agents in your wallet or purse. The original should be kept in a secure location, such as a safe deposit box. Is My Agent Responsible for My Medical Bills? No, unless that person would otherwise be responsible (such as your spouse). However, you should plan ahead for financial arrangements for the costs of burial or cremation after you die, otherwise your agent might become liable.