Advance Health Care Directives, Powers of Attorney & Final Wishes
Your wishes matter. So does having someone you trust to carry them out.
Advance Health Care Directives, Powers of Attorney, HIPAA Authorizations & Final Wishes
Your wishes matter. So does having someone you trust to carry them out.
Estate planning is about more than deciding who inherits your property. It also means planning for the possibility that you may need help during your lifetime—and giving your loved ones guidance when they need it most.
Who would speak with your doctors if you could not communicate? Who could access medical information, pay your bills, or handle financial matters? Would your family know your wishes about burial, cremation, or other final arrangements?
At Fyfe Law Firm, APC, we help you put those decisions in writing with clear, coordinated documents. You don’t need to have every answer before we meet. We’ll explain your options and help you think through what feels right for you.
Schedule A Free Consultation
Advance Health Care Directives: A Voice When You Need One
An Advance Health Care Directive, often called an AHCD, allows you to name someone you trust to make health care decisions when authorized under your document. It also lets you provide instructions about your medical care.
Your chosen decision-maker is called your health care agent. You can also name alternates in case your first choice is unavailable.
Depending on your wishes, your directive can address:
Who may make medical decisions for you.
When your agent’s authority begins.
Preferences about life-sustaining treatment and end-of-life care.
Pain relief and comfort care.
Organ and tissue donation.
Personal, religious, or cultural beliefs that should guide your care.
These decisions are personal. We help you express your wishes while giving your agent appropriate guidance and flexibility for circumstances you may not be able to predict.
Talking with your agent is an important part of the process. A signed document provides authority and instructions; a conversation helps the person you choose understand the values behind them.
HIPAA Authorizations: Helping Trusted People Stay Informed
When someone is helping with your care, access to medical information can make a meaningful difference. You may want a spouse, partner, adult child, parent, or trusted friend to communicate with your providers and understand what is happening.
A HIPAA authorization, sometimes called a HIPAA release or HIPAA waiver, permits the disclosure of specified medical information to the people you identify, subject to the document’s terms and applicable law.
Depending on how it is prepared, an authorization can help designated people:
Receive information about your condition and treatment.
Obtain authorized medical records.
Communicate with providers while helping you navigate care.
Stay informed even when they are not serving as your health care decision-maker.
Access to information and authority to make decisions are different. You can authorize someone to receive medical information without giving that person the right to consent to treatment or make other health care decisions.
A separate authorization can also be useful while you are still making your own decisions but want help understanding information or coordinating care. We help align your authorization with your Advance Health Care Directive so the documents reflect whom you want involved and in what capacity.
Durable Powers of Attorney: Help With Financial and Legal Matters
A Durable Power of Attorney allows you to authorize someone you trust to handle specified financial and legal matters on your behalf. That person is your agent, sometimes called your attorney-in-fact. They do not need to be an attorney.
Depending on the authority granted, your agent may be able to:
Pay bills and manage bank accounts.
Communicate with financial institutions.
Handle insurance and certain benefit matters.
Assist with tax matters.
Manage property and other financial obligations.
Work with professionals on your behalf.
“Durable” means the authority can remain effective if you become incapacitated. The document can be effective immediately or become effective upon a specified event, such as a determination of incapacity.
Because this document can grant substantial authority, choosing the right person—and deciding which powers to give them—deserves careful attention. We explain those choices so you understand how the document works before signing.
Final Disposition & Authorization Instructions: Guidance for Your Loved Ones
Decisions about final arrangements can be especially difficult when family members are grieving or unsure what you wanted.
Final disposition instructions document your wishes concerning the care and disposition of your remains. Related authorizations help establish who may carry out those wishes, consistent with California law.
Your instructions may address:
Burial or cremation preferences.
The intended location for burial or placement of ashes.
Funeral, memorial, or religious preferences.
Existing cemetery purchases or prepaid arrangements.
The person you want responsible for arrangements.
Other personal wishes you want your loved ones to understand.
We help coordinate these instructions with your Advance Health Care Directive and other estate planning documents.
Written instructions do not, by themselves, reserve services or pay for arrangements. If you have made arrangements with a funeral home or cemetery, your documents should identify them and explain where the relevant information can be found.
Making your wishes accessible is important. The person responsible for arrangements should know where your instructions are stored before they are needed.
Different Documents, Different Responsibilities
These documents work together, but each serves a different purpose:
Your Advance Health Care Directive identifies your health care decision-maker and provides medical care instructions.
Your HIPAA authorization permits designated people to receive specified medical information.
Your Durable Power of Attorney authorizes someone to handle specified financial and legal matters during your lifetime.
Your final disposition and authorization instructions address your remains and final arrangements.
You can choose the same person for several responsibilities or select different people based on their strengths, availability, and willingness to serve.
A living trust and a will serve additional purposes. Having one document does not necessarily eliminate the need for the others. We help coordinate your plan so the people you choose understand their roles and know where to turn.
Planning Ahead Is an Act of Care
Without clear instructions, loved ones may face uncertainty about who can act, what you would want, or how to handle urgent responsibilities. In some circumstances, court involvement may be necessary.
Thoughtful planning can reduce that uncertainty. It gives you a say in important decisions and gives the people who care about you something concrete to rely on.
These documents are useful at many stages of life—from a young adult leaving for college to a parent planning for family responsibilities or someone preparing for retirement. You do not need to wait for a health concern to begin.
Our approach is personal and straightforward. We take time to explain the documents, discuss your choices, and answer your questions.
Let’s Put Your Wishes in Writing
You don’t need to know exactly what to choose before we meet. We’ll start with your concerns, explain your options in plain language, and help you prepare a plan that reflects your wishes.
Based in Scripps Ranch in San Diego, with an additional meeting location in Fontana, Fyfe Law Firm, APC assists clients throughout California, including through virtual appointments.
Attorney Lauren Fyfe, 2024
Call (858) 412-7714 or complete our contact form to get started.
Connect with a Poway estate planning attorney on LinkedInSCHEDULE A FREE CONSULTATION
Frequently Asked Questions
Advance Health Care Directives & Medical Decisions
What is an Advance Health Care Directive in California?
An Advance Health Care Directive, often called an AHCD, allows you to name someone you trust to make health care decisions for you and provide written instructions about your care.
Your chosen decision-maker is your health care agent. You can also name alternates if your first choice is unavailable.
Your directive can address treatment preferences, life-sustaining measures, pain relief, organ donation, and personal or religious beliefs. It helps your agent understand what matters to you when you cannot speak for yourself.
Do I need an Advance Health Care Directive if I’m healthy?
Yes. Planning while you are healthy gives you time to consider your choices and discuss them with the people you trust.
An accident or unexpected illness can happen at any age. Having a directive in place helps your loved ones understand who should speak for you and what you would want, without having to make those decisions during an emergency.
Who can make medical decisions for me if I’m unconscious?
If you have appointed a health care agent and their authority is effective, that person can generally make decisions within the scope of your directive.
If you have not appointed someone, California law provides other ways to identify an authorized decision-maker. Depending on the circumstances, a provider may select an appropriate surrogate under California law.
Preparing a directive lets you make the choice yourself and name alternates, rather than leaving that decision to others.
Can my spouse make medical decisions for me without an Advance Health Care Directive?
Your spouse may be able to serve as your decision-maker, but marriage is not a substitute for a clear written appointment.
Questions can arise about availability, competing family views, or what treatment you would want. An Advance Health Care Directive identifies your chosen agent, provides instructions, and names someone else if your spouse cannot serve.
Can my unmarried partner make medical decisions for me?
An unmarried partner may be able to serve as a decision-maker under applicable law, but you should not rely on the relationship alone to establish the arrangement you want.
An Advance Health Care Directive allows you to appoint your partner directly. It can also clarify your wishes if relatives have different expectations about who should be involved.
What happens if I don’t have an Advance Health Care Directive in California?
Your medical providers may need to identify a decision-maker using California’s rules for surrogates or other legally authorized representatives.
That process may work adequately, but it may also leave uncertainty about whom you would have chosen or what care you would want. In some circumstances, disagreements or the absence of a suitable decision-maker may require court involvement.
A directive helps reduce that uncertainty.
What is the difference between a living will and an Advance Health Care Directive?
A living will generally refers to written instructions about medical treatment, particularly end-of-life care.
A California Advance Health Care Directive can include those instructions and appoint someone to make health care decisions. Naming an agent matters because no written document can anticipate every medical situation.
Neither document is the same as a Last Will and Testament, which addresses matters involving your estate after death.
Is a medical Power of Attorney the same as an Advance Health Care Directive?
A power of attorney for health care is commonly part of an Advance Health Care Directive. It is the portion that appoints your health care agent.
The directive can also include your individual treatment instructions and other health care preferences.
A financial Power of Attorney is a separate document addressing financial and legal matters. Your financial agent does not automatically have authority to make medical decisions.
Can my health care agent override my wishes?
Your agent must follow your known instructions and wishes as required by California law. If your wishes are unknown, your agent must make decisions based on your best interests, considering your personal values.
Your agent’s role is to represent you. Clear instructions and conversations help them understand what you would want, especially when decisions are difficult or unexpected.
Who should I choose as my health care agent?
Choose someone who understands your values, is willing to serve, and can communicate calmly with medical professionals.
Your agent should be able to ask questions and advocate for your wishes, even if other relatives disagree. The person closest to you emotionally is not always the person most comfortable handling that responsibility.
We also recommend naming alternates.
Can I name someone who lives out of state as my health care agent?
Generally, yes. However, consider whether that person can be reached quickly, participate in medical discussions, and travel if necessary.
Distance does not automatically make someone a poor choice, but availability matters. A reliable alternate can help if your first choice cannot participate when needed.
Is an Advance Health Care Directive the same as a DNR?
No. An Advance Health Care Directive appoints an agent and can explain your treatment preferences.
A Do Not Resuscitate order, or DNR, is a medical order addressing resuscitation if your heart or breathing stops. Your directive does not automatically serve as an emergency medical order.
Discuss a DNR with your treating health care professional if it may be appropriate for your circumstances.
What is the difference between an Advance Health Care Directive and a POLST?
An Advance Health Care Directive is a legal planning document. A POLST, or Physician Orders for Life-Sustaining Treatment, is a medical order typically used for people with serious illness or frailty.
A POLST addresses treatment decisions that may need to be implemented promptly. It does not replace the broader role of an Advance Health Care Directive.
Your medical provider can help determine whether a POLST is appropriate and coordinate it with your wishes.
HIPAA Authorizations & Access to Medical Information
What is a HIPAA authorization?
A HIPAA authorization is a written document that permits the disclosure of specified health information to the people or organizations you identify, subject to the authorization’s terms and applicable law.
HIPAA stands for the Health Insurance Portability and Accountability Act, a federal law that includes protections for health information.
In estate planning, a HIPAA authorization can help trusted people communicate with your medical providers and obtain information when they are assisting you.
Is a HIPAA waiver the same as a HIPAA authorization?
People often use “HIPAA waiver,” “HIPAA release,” and “HIPAA authorization” to describe a document allowing medical information to be shared.
For estate planning purposes, HIPAA authorization is generally the more precise term. You are authorizing particular disclosures—not giving up every medical privacy protection.
The document should explain what information may be disclosed, who may disclose it, who may receive it, and how long the authorization remains effective.
Do I need a HIPAA authorization if I already have an Advance Health Care Directive?
A separate HIPAA authorization can be useful even if you already have an Advance Health Care Directive.
Your health care agent may have rights to medical information when acting as your legally authorized representative. A separate authorization can address additional situations, such as allowing someone to help while you are still making your own decisions or permitting information to be shared with other trusted people.
We help coordinate the documents so access to information supports your plan.
What is the difference between a HIPAA authorization and a medical Power of Attorney?
A HIPAA authorization permits the disclosure of medical information. A medical Power of Attorney, commonly included in an Advance Health Care Directive, appoints someone to make authorized health care decisions.
Permission to receive information does not, by itself, give someone authority to consent to treatment, refuse care, or make other medical decisions.
You can give someone access to information without making that person your health care agent.
Can I let several family members receive medical information but have only one person make decisions?
Yes. You may want one person to serve as your health care agent while allowing additional trusted people to receive medical information.
For example, you might appoint one adult child to make decisions and authorize your other children to receive updates.
Clear documents help distinguish who may receive information from who has authority to make decisions.
Can my spouse access my medical records without a HIPAA authorization?
Marriage does not automatically give your spouse unrestricted access to all your medical records.
Providers may share certain information with a spouse involved in your care when permitted by law. A spouse acting as your legally authorized personal representative may also have additional rights.
A written authorization can help clarify your permission rather than leaving your family to rely on the circumstances of a particular disclosure.
Can my unmarried partner speak with my doctors?
Your providers may be able to share relevant information with your partner under applicable privacy rules. However, a written authorization can make your permission clearer.
If you want your partner to receive information and make medical decisions when needed, the authorization should be coordinated with an Advance Health Care Directive appointing them as your agent.
Can my parents access my medical information after I turn 18?
Parents generally no longer have automatic access to an adult child’s medical information simply because they are the parents.
There are exceptions and circumstances in which disclosure is permitted, but a HIPAA authorization allows the adult child to clearly identify whom providers may share information with.
This can be especially helpful for young adults leaving for college, traveling, or living away from home.
Can a HIPAA authorization help someone assist me while I’m still capable of making decisions?
Yes. You may want a trusted person to help organize medical information, participate in conversations, or understand treatment recommendations while you continue making your own decisions.
An authorization can permit appropriate disclosures without transferring decision-making authority.
This can be useful during a serious illness, recovery from surgery, or ongoing treatment.
Does a HIPAA authorization allow access to every medical record?
Not necessarily. The scope depends on the document and applicable law.
An authorization may be broad or limited to certain information, providers, purposes, or time periods. Some categories of sensitive records are subject to additional legal protections or separate authorization requirements.
We discuss the access you intend to provide and any limitations that should be included.
Will my medical providers still ask me to sign their own release forms?
They may. A provider may need to review your authorization, verify identity, or follow procedures for releasing particular records.
Your estate planning authorization can be useful, but additional provider forms may help address a specific request or type of information.
Providing your documents before an emergency can help identify practical issues.
Does a HIPAA authorization expire?
A HIPAA authorization must identify an expiration date or an expiration event that relates to the individual or the purpose of the authorization.
The appropriate duration depends on how the document is written and what it is intended to accomplish. Do not assume that every authorization lasts indefinitely or ends at the same time.
We help coordinate its duration with your planning goals.
Can I revoke or change my HIPAA authorization?
Generally, you can revoke an authorization in writing, subject to applicable exceptions, including actions already taken in reliance on it.
If you change whom you want to receive information, you should update the document and notify the providers and others who may rely on the earlier authorization.
Revoking an authorization does not necessarily prevent disclosures that are independently permitted or required by law.
Does HIPAA still protect medical information after death?
Yes. HIPAA generally protects a deceased person’s identifiable health information for 50 years after death.
Who may receive information after death depends on applicable law, the person’s legal role, any effective authorization, and the circumstances of the disclosure.
A financial Power of Attorney ends at death and should not be treated as continuing authority to obtain medical records. We help coordinate your documents with any intended access after death.
Financial & Durable Powers of Attorney
What is a Durable Power of Attorney in California?
A Durable Power of Attorney authorizes someone to handle specified financial and legal matters on your behalf.
That person is your agent, sometimes called your attorney-in-fact. They do not need to be a lawyer.
“Durable” means the authority can remain effective if you become incapacitated. The document should identify the powers granted, any limits, and when the authority begins.
What can someone do with my financial Power of Attorney?
Your agent can exercise the authority granted by your document, subject to applicable law.
Depending on its terms, that may include paying bills, managing accounts, handling property matters, communicating with insurers, and assisting with taxes.
Some powers require specific authorization. Certain agencies and transactions also have separate requirements.
Does my spouse need a Power of Attorney to manage my finances?
Your spouse may need a Power of Attorney to handle individually held accounts, sign documents for you, or manage other matters requiring your authorization.
Marriage does not automatically give a spouse unrestricted authority over everything you own. Even couples with joint accounts can have assets or responsibilities that require additional planning.
Do I need a Power of Attorney if I already have a living trust?
Usually, yes. A trustee manages assets held in the trust under the trust’s terms.
A financial agent may handle authorized matters outside the trust, including certain individually owned accounts and personal financial responsibilities.
These documents serve different purposes and should be coordinated.
What is the difference between a trustee and a Power of Attorney agent?
A trustee acts under your trust and manages trust property. A financial agent acts under your Power of Attorney and handles matters covered by that document.
You can name the same person, but the authority comes from different documents. Someone serving in both roles needs to understand which role applies to each task.
Does giving someone Power of Attorney mean I lose control of my money?
No. Signing a Power of Attorney does not, by itself, remove your right to manage your own finances.
However, an immediately effective document may allow your agent to act while you remain capable. Choosing a trustworthy agent and understanding the powers granted are essential.
When does a Durable Power of Attorney take effect?
It depends on the document. It may take effect immediately or upon a specified event, such as a determination of incapacity.
“Durable” describes whether the authority can survive incapacity. It does not, by itself, tell you when the authority begins.
We explain the timing provisions so you understand when your agent may act.
What is the difference between an immediate and a springing Power of Attorney?
An immediately effective Power of Attorney allows your agent to act once the document becomes effective.
A springing Power of Attorney begins upon a specified event. Establishing that the event has occurred may require supporting information and can create delays.
We help you consider the practical benefits and limitations of each approach.
Can I name two people as my Power of Attorney agents?
It may be possible, but the arrangement needs careful drafting.
Requiring agents to act together may provide oversight but can create delays. Allowing independent action may be more convenient but can lead to inconsistent decisions.
Naming one primary agent and alternates often provides a simpler structure.
Can my agent give away my money or change my beneficiaries?
You should not assume that a general financial Power of Attorney authorizes gifts, beneficiary changes, or changes to your trust.
Certain powers require express authorization, and additional restrictions may apply. These decisions can substantially affect your estate plan.
We discuss whether those powers should be included and what limits are appropriate.
Does naming someone as my agent make them an owner or beneficiary?
No. An appointment as agent does not, by itself, give that person ownership of your assets or the right to inherit them.
Your agent acts on your behalf and owes legal duties. The appointment is a responsibility, not permission to treat your property as their own.
Can a bank refuse to accept a Power of Attorney?
A bank may need to review the document, verify identity, or request information before allowing an agent to act. Whether a refusal is legally justified depends on the circumstances and applicable law.
If an institution raises concerns, those concerns should be reviewed rather than assuming the document is unusable.
Discussing your document with relevant institutions before an emergency may help identify practical issues.
Does a Power of Attorney allow someone to manage my Social Security benefits?
A financial Power of Attorney does not, by itself, appoint someone as your Social Security representative payee.
The Social Security Administration uses its own appointment process when a representative payee is needed. Other agencies may also require separate forms or authorization.
Does a Power of Attorney need to be notarized in California?
California financial Powers of Attorney generally require notarization or two qualified witnesses.
However, intended uses can create additional requirements. Notarization is particularly important when the document will be used in transactions involving recorded real estate documents.
We help ensure your document is signed appropriately for its intended use.
Does a Durable Power of Attorney expire?
A Durable Power of Attorney does not necessarily have a fixed expiration date. Its terms and applicable law determine when it ends.
Even if an older document remains effective, it may name an unavailable agent or contain provisions that no longer fit your circumstances.
Is a Power of Attorney still valid after death?
A financial agent’s authority under a Power of Attorney ends when the person who granted it dies.
After death, financial matters generally fall to the appropriate trustee, court-appointed personal representative, or another person authorized by law.
A former agent should not continue using the Power of Attorney to access accounts or sign for the deceased person.
How do I revoke or change a Power of Attorney?
While you have the required capacity, you can generally revoke or replace your Power of Attorney using the appropriate legal steps.
Signing a new document is only part of the process. Agents and institutions that may rely on the old document should receive appropriate notice.
We help address both the written update and the practical steps needed to communicate it.
Funeral Wishes, Cremation & Final Arrangements
How do I put my funeral and cremation wishes in writing in California?
You can prepare written final disposition instructions and coordinate them with an appropriate appointment of the person authorized to act.
Your instructions can identify burial or cremation preferences, existing arrangements, religious considerations, and where important records are stored.
The wording and completeness matter, particularly if you want directions to be legally enforceable rather than general expressions of preference.
Who has the legal right to make funeral arrangements in California?
California law establishes an order of priority for control over the disposition of remains, subject to legally effective directions and appointments.
A health care agent with the appropriate authority may have priority. Otherwise, rights may pass to relatives or others under the statutory rules.
An executor or trustee does not automatically control final arrangements solely because they hold that position.
Can I choose someone other than my next of kin to handle my final arrangements?
Yes. Appropriate planning can allow you to appoint someone other than the relative who might otherwise have authority.
Your appointment should be properly documented and coordinated with your written instructions. This is especially helpful if you prefer an unmarried partner, friend, or particular relative to take responsibility.
Should I put my burial or cremation wishes in my will?
Your will can contain directions, but it should not be the only place your wishes are recorded.
Final arrangements may need to be made before anyone locates or reviews your will. Keep accessible instructions and make sure the appropriate person knows where to find them.
Are written funeral wishes legally binding in California?
Some written directions can be legally enforceable when statutory requirements are met.
California law considers matters such as whether the directions are clear and complete and whether arrangements for payment satisfy the applicable requirements.
A general note about preferences may not have the same effect as properly prepared disposition instructions.
Can my family go against my cremation or burial wishes?
Legally sufficient directions can limit the discretion of the person making arrangements. However, incomplete instructions, payment issues, practical obstacles, or disagreements may complicate matters.
Clear documents, an appropriate decision-maker, and advance conversations can reduce uncertainty. They cannot guarantee that a disagreement will never occur.
Can I leave instructions about where my ashes should be scattered?
Yes. You can identify a preferred location and an alternative if that location is unavailable.
Scattering remains is subject to applicable laws, permits, property-owner consent, and location-specific rules. A written preference does not authorize scattering somewhere it is prohibited.
Does my executor or trustee automatically control my funeral arrangements?
No. Responsibility for administering your estate or trust is separate from the legal right to control your remains.
The same person may serve in both capacities if appropriately authorized, but naming an executor or trustee does not, by itself, resolve final disposition authority.
Do final disposition instructions pay for my funeral?
No. Instructions do not, by themselves, purchase services or set aside money.
Your plan should identify any prepaid arrangements, cemetery property, insurance, or other intended payment source. It is also helpful to consider how funds will be available when arrangements must be made.
What should I do if I already have prepaid funeral or cemetery arrangements?
Keep the agreements accessible and tell the person responsible for arrangements where they are stored.
Your instructions should identify the provider and explain what arrangements exist. Review what has been paid for, what additional costs may remain, and whether the agreements still reflect your wishes.
Planning for Your Family & Keeping Documents Current
Does my 18-year-old need a Power of Attorney, Advance Health Care Directive, and HIPAA authorization?
These documents can be valuable once a child becomes a legal adult.
Parents generally no longer have automatic authority to manage an adult child’s finances, make medical decisions, or obtain medical records simply because they are the parents.
The young adult can choose whom to authorize and what authority to provide. Planning before college, travel, or moving away can make it easier for trusted people to help.
Can someone with dementia sign a Power of Attorney or Advance Health Care Directive?
Possibly. A dementia diagnosis does not automatically determine whether someone can sign a particular document.
The person must have the capacity required for that document at the time of signing. Their understanding and the circumstances need to be evaluated, and additional information may be necessary.
Planning should begin before concerns about capacity become urgent.
Can I get Power of Attorney for a parent who can no longer make decisions?
You cannot simply create a Power of Attorney on a parent’s behalf because they need help. Your parent must be able to grant the authority with the required capacity.
If that is no longer possible, existing documents should be reviewed. Depending on the needs involved, other legal procedures or a conservatorship may need to be considered.
Can estate planning documents help avoid a conservatorship?
A properly prepared Durable Power of Attorney can reduce the likelihood that a conservatorship of the estate will be needed by authorizing someone to handle financial matters.
An Advance Health Care Directive can address health care decision-making, and a HIPAA authorization can support access to medical information.
These documents do not guarantee that court involvement will never be necessary. Gaps in authority, unavailable agents, disputes, or concerns about misuse may require additional steps.
Can I choose different people to handle my medical and financial decisions?
Yes. You can choose people whose strengths fit each responsibility.
One person may be comfortable communicating with doctors, while another is better suited to accounts, paperwork, and financial obligations.
You can also authorize additional people to receive medical information without appointing them to make decisions.
What if I don’t have anyone I trust to name as my agent?
You do not have to choose someone simply because they are a relative.
Depending on the role, a trusted friend or an appropriate professional may be an option. Professional services can involve fees and may not be available for every appointment.
We can discuss your support network and options without pressuring you to name someone you do not trust.
Are estate planning documents from another state valid in California?
They may be recognized, but their effectiveness and practical usefulness depend on the document, applicable law, and intended use.
If you have moved to California, a review can help identify differences in authority, signing requirements, and how providers or institutions may handle the documents.
You may not need to replace everything, but you should understand whether your existing plan still works for you.
When should I update my Power of Attorney, Advance Health Care Directive, and HIPAA authorization?
Review them after significant changes such as marriage, divorce, a death, a move, a change in health, or a change in your relationships.
You should also review them if an agent becomes unavailable, an authorization approaches expiration, or your preferences change.
Periodic review helps ensure the documents still reflect your wishes and work together.
Who should receive copies of my documents?
Your health care agent and alternates should have access to your directive. Your medical providers should receive a current copy of your directive and any relevant HIPAA authorization.
Your financial agent should know where the Power of Attorney is stored and how to obtain it when needed.
The person handling final arrangements should have access to your final instructions and information about funeral or cemetery agreements.
Where should I keep my Advance Health Care Directive, HIPAA authorization, and Power of Attorney?
Keep originals secure but accessible to the appropriate people.
Documents may be difficult to use in an emergency if no one knows where they are or access depends entirely on you. Tell your agents where documents are stored and provide copies where appropriate.
Ask your medical providers to include your directive and relevant authorization in your records.
Can I prepare these documents without creating a living trust?
Yes. Depending on your needs, an Advance Health Care Directive, HIPAA authorization, financial Power of Attorney, and final instructions can be prepared separately.
However, they do not replace a will, living trust, beneficiary designations, or appropriate asset ownership.
We help you understand what each document accomplishes and which combination fits your circumstances.
Let’s Put Your Wishes in Writing
You don’t need to have every answer before we meet. We’ll listen to your concerns, explain your options, and help you prepare documents that reflect your wishes and the people you trust.
Fyfe Law Firm, APC is based in Scripps Ranch in San Diego, with an additional meeting location in Fontana. We also offer virtual appointments for clients throughout California.
Schedule A Free Consultation
Call (858) 412-7714 or complete our contact form to get started.