Placerville Power of Attorney & Health Directive Lawyer – Plan for Incapacity
Appoint Trusted Decision-Makers Before You Need Them
Estate planning isn’t just about what happens when you’re gone. It’s about what happens if you’re here—but unable to make decisions for yourself. At the Law Office of Gregory S. Clark, we help clients throughout Placerville and El Dorado County prepare for life’s “what-ifs” by setting up durable powers of attorney and advance healthcare directives.
With these documents in place, someone you trust can step in to manage your finances or speak with doctors on your behalf. It’s a smart, practical step that protects your well-being—and your family—from stressful legal uncertainty during a health crisis.
Durable Power of Attorney for Finances
A durable power of attorney gives someone you trust the authority to act on your behalf for legal and financial matters. That could include:
- Paying bills or managing your bank accounts
- Handling taxes, insurance, or government benefits
- Managing real estate or selling property
- Signing legal documents or managing investments
The term “durable” means it stays valid even if you become mentally incapacitated. You decide when it takes effect—either immediately or only if a doctor determines you can’t manage your own affairs (called a springing power). We’ll walk you through the options and tailor the document to your needs.
This is a powerful role, and it should be given only to someone you trust implicitly. We help you think through who that might be, and we ensure your power of attorney is clearly written and legally sound.
Advance Health Care Directives & Medical Power of Attorney
California combines two vital documents into one: the Advance Health Care Directive. It allows you to:
- Appoint a health care agent (also called a medical power of attorney)
- Clearly express your medical treatment preferences
- Provide guidance for end-of-life care and comfort measures
- Share your wishes about organ donation or funeral instructions
Your agent uses this information to work with doctors and speak on your behalf if you’re unconscious or otherwise unable to communicate. Gregory will guide you through these sensitive choices—like resuscitation, feeding tubes, or pain relief—so your plan reflects your values and gives your loved ones confidence in making the right calls.
HIPAA Authorizations and Supporting Documents
Your agents need more than just the legal title—they need access. As part of your incapacity planning, we include HIPAA authorization language to ensure your chosen people can access medical records and speak with your doctors.
Depending on your situation, we may also discuss additional tools like a
POLST form (Physician Orders for Life-Sustaining Treatment) if appropriate—typically for clients facing serious or terminal illness. While this is generally completed with your physician, we’ll make sure your estate plan aligns with your broader care preferences.
Why These Documents Matter—Even if You’re Young and Healthy
Without powers of attorney and a healthcare directive, your family could face major hurdles if something unexpected happens—like a stroke, accident, or sudden illness. They might have to petition the court for a conservatorship, a stressful and expensive legal process that delays your care or financial management.
By setting things up ahead of time, you remove that burden and make sure the right people are empowered to act quickly and in line with your wishes.
When does a power of attorney take effect?
You choose. It can be immediate (effective when signed) or springing (only if a doctor certifies you’re incapacitated). Immediate powers are more flexible but require absolute trust in your agent. We’ll help you decide which approach works best for your situation.
Who should I choose as my agent?
Think reliability, trustworthiness, and availability. Most clients choose a spouse first, then an adult child or close family member as backup. For healthcare, pick someone who understands your medical values. For finances, someone comfortable with paperwork and responsibility. You can name the same person for both—or different people based on strengths.
Can I name more than one agent?
Yes. You can appoint co-agents for financial decisions (though that can sometimes slow things down if both must sign). For healthcare, it’s common to list one agent at a time, with alternates in case your first choice is unavailable. We’ll explain the pros and cons during your planning session.
Can my agent change my will or manage my trust?
No. Your power of attorney cannot rewrite your will. We often include a provision allowing your agent to transfer assets into your trust if you become incapacitated and your trust isn’t fully funded. But trust assets are managed by the trustee, not the POA agent—unless you’ve named the same person in both roles. We’ll make sure everything is aligned.
What if I recover from an illness or injury?
You’re always in control. As long as you’re mentally competent, you can revoke or revise your powers of attorney or health directives at any time. These tools are here to help—not lock you into anything permanent. We’ll help you make updates when life changes.
Do these documents expire?
Generally, no. They stay valid until you revoke them, or until you pass away. (A power of attorney ends at death—then your executor or trustee takes over.) Still, if your documents are more than 5–10 years old, it’s wise to review and refresh them. Some banks and hospitals get wary of very old documents. We’ll help keep things current.
Be Ready—Just in Case
Life doesn’t always give advance warning. A fall. A diagnosis. A car accident. By taking the time now to set up powers of attorney and health directives, you’re making a loving and responsible choice for your future—and for the people who care about you. At the Law Office of Gregory S. Clark, we’ll walk you through each decision with clarity and compassion. Let’s make a plan that works while you’re well, and gives your loved ones a clear path if something changes.
Contact us today to begin planning for life’s unexpected turns.
