Wills, Trusts & Probate · Planning ahead
Health care and money decisions if someone can’t decide
In this guide
- An advance health care directive names a health care agent and records treatment wishes.
- A durable power of attorney lets a trusted agent handle finances.
- Without these documents, families sometimes have to ask a court for a conservatorship.
Advance health care directive
An advance health care directive lets a person name a health care agent to make medical decisions if they can’t, and write down their wishes about treatment. The California Attorney General publishes a fillable statutory form. It is generally signed in front of two qualified witnesses or a notary. A directive signed by a resident of a skilled nursing facility has an extra witness requirement: a patient advocate or ombudsman.
Californians can choose to list their directive with the Secretary of State’s Advance Health Care Directive Registry. Registration is optional.
Durable power of attorney for finances
A power of attorney names an agent to handle financial matters such as paying bills, managing accounts, or dealing with real estate. A “durable” power of attorney keeps working if the person later loses capacity. California law requires it to be either notarized or signed by two qualified witnesses, and many banks and title companies expect a notarized version.
When there’s no document in place
If an adult can no longer manage their health or finances and hasn’t named anyone, family members sometimes have to ask the court to appoint a conservator. California courts must consider less restrictive alternatives first. See Alternatives to conservatorship.
Common questions
Does an agent’s authority continue after death?
No. A power of attorney ends when the person dies. After that, the executor, administrator, or successor trustee handles the estate.
Can these documents be changed or cancelled?
A person with capacity can generally revoke or replace a directive or power of attorney. The official forms include instructions.
Official sources for this guide
Keep reading