Advance Healthcare Directive vs Power of Attorney: What's the Difference?
Let’s cut to the chase. For a possible future emergency in a medical setting, there are certain legal documents that can advocate for you while you are unable to do so. Most people understand that they require something in writing, but are confused about the specific language used. What exactly is an Advance Healthcare Directive vs Power of Attorney, and how do they differ?
Each day, at 24HourNotaryLA, we move about Los Angeles assisting many families to complete precisely these forms. Whether in the hospital rooms around Griffith Park or the living rooms of homes close to the Santa Monica Pier, we know that there is only confusion. People need to ensure that their financial and healthcare decisions can be left in the hands of people that they can trust.
This is the simple answer. The advanced healthcare directive specifies what you want regarding your healthcare and assigns another individual to make healthcare decisions on your behalf. The financial power of attorney is the document that allows another person to deal with your finances and pay your bills. These two documents safeguard you but they have entirely different roles.
Now let us consider how these documents operate, how California uses them, and how you can get them valid without leaving your home.
What is an Advance Healthcare Directive?
Advance Healthcare Directive is a legal document that clearly states what sort of treatment you would like in case of your incapability to make a decision or communicate due to sickness or injury. This eliminates all possible questions from your relatives at the critical moment when they can be in serious psychological tension.
As per the statistics gathered by Wikipedia about advance directives, there is a vast majority of people who completely neglect this process. Medical surveys prove that not even 40% of American people have an advance directive made. This leaves enormous holes for families to make decisions based on guesses of the patients' will.
This document usually covers two main things:
Living will: This part will contain the individual’s preferences for their medical treatment when it comes to end-of-life care. It contains medical interventions such as ventilation, enteral feeding, dialysis, resuscitation. The individual is required to clearly indicate the medical interventions that he/she will allow and those he/she will not allow.
Healthcare proxy: Medical Power of Attorney is another name used for this part of the document. It indicates the individual who will make the decisions on behalf of the individual. This individual will be in contact with the doctors and make decisions based on the written instructions in the living will.
This directive takes effect only upon the activation of an incapacitation clause. While awake, competent, and able to speak with your doctor, you have complete control of your own medical decisions. The directive will remain dormant within your medical records until the point at which your doctor deems you unable to express your decisions.
What is a Power of Attorney?
Whereas an advance directive concerns your body, the power of attorney concerns your affairs and your property. The power of attorney, also called POA, is a document through which you confer the right to an individual, called the agent or attorney-in-fact, to make decisions on your behalf.
There are different kinds, but for estate planning, the one most people consider is the Durable Power of Attorney for Finances.
Picture yourself having an accident on the 405 freeway where you find yourself hospitalized. The directives contained in your advance directive are going to guide your treatment. Nonetheless, the hospital has to be compensated for its services, the mortgage is to be deducted from your bank account and your taxes will be paid.
The absence of a POA for finances means that the family members are not automatically going to have access to your individual bank accounts to pay off the debts and other expenses. The family members are going to have to apply to the courts to obtain the rights of a conservator which will take months to complete.
A financial POA allows your agent to:
Pay your daily bills and manage real estate properties.
Access your bank accounts and investment portfolios.
File your taxes and deal with the IRS.
Manage your business operations.
The importance of the term “durable” should be mentioned. The regular POA becomes void right at the time when the owner gets incapacitated. However, a durable POA works only after the owner’s incapacitation.
The California Factor: Merging the Documents
For those who reside in California, there is a difference in the procedures that apply to their state. The state government made things easy for them.
Are these combined into one document in California? Yes. California combines the living will and medical power of attorney into one document known as the Advance Health Care Directive.
It is not necessary for you to have a separate POA in case of medical affairs. All you have to do is use a basic statutory POA form in California to appoint your health care agent, give your instructions regarding treatment, and express your wishes regarding organ donation.
In order to make this POA valid under California law, there are two ways to go about it. You could either have two qualified witnesses sign the document or have it notarized.
Estate planning lawyers suggest that notarizing your health care directives is necessary. It is hard to find two witnesses who meet all the legal standards. You are not allowed to have witnesses who are your health care agent or someone related to you in terms of blood relation or marriage. You are not allowed to have witnesses who have an entitlement to inherit from your estate.
Head-to-Head Comparison
To make things simple, here is a breakdown of how the two documents compare.
| Feature | Advance Healthcare Directive | Financial Power of Attorney |
|---|---|---|
| Primary Purpose | Dictates medical care and end-of-life wishes. | Manages money, property, and legal affairs. |
| Who Acts For You | Healthcare Proxy / Healthcare Agent. | Attorney-in-Fact / Financial Agent. |
| When It Takes Effect | Only upon an incapacitation trigger. | Immediately upon signing OR upon incapacitation (springing). |
| Key Decisions | Resuscitation, life support, organ donation, surgery. | Paying bills, selling property, accessing bank accounts. |
| California Law | Combines the living will and medical POA into one form. | Requires a separate form specifically for financial matters. |
Do I need both a POA and an advance directive?
Yes, you definitely need both.
Both of them prepare for the same worst-case scenario, but they operate within their own jurisdiction. The one that is responsible for your health does not have the authority to write a check to cover your mortgage. The one in charge of finances does not decide on medical procedures.
It may happen that one individual is used to fill in both fields; for instance, your husband or wife and/or your grown-up son or daughter. That is absolutely acceptable, but both documents are required in order to be submitted to the bank manager and to the hospital employees. Without a living will, your money becomes unprotected. In the absence of a financial POA, your health-related desires are not safe.
When does a healthcare directive take effect?
Many people fear that signing such documents implies an immediate loss of control of their life and well-being. This is just not true.
The directive will take effect when your attending doctor makes the determination that you do not have the capacity to make decisions about your treatment on your own behalf. Prior to that precise moment, you make the decisions.
The financial POA is flexible in nature. It can be made effective right away after it is signed, or it can be "springing." Springing POA becomes effective only if the doctor determines that you are incapable. You have the option to select how you wish it to be done while filling the form.
Can I revoke my advance directive?
Yes, you can rescind or modify your advance directive at any time as long as you are legally competent.
Things happen. You may get divorced, move across states, or reconsider some of the treatments mentioned. To appoint a new proxy, all you need is fill out the new form, get it notarized and give out the new forms to your doctor, family members and your new proxy.
Burn the old ones since only the most recent and notarized form will be followed by the doctors. The same applies to your power of attorney. You are not bound as long as you remain legally competent to do so.
How a Mobile Notary Makes the Process Easier
Obtaining signatures on these documents often turns out to be the greatest hurdle of all. People hire lawyers to prepare the necessary paperwork for them, but then the paper work languishes on some lawyer's desk in Beverly Hills or Hollywood for half a year because nobody has time to go looking for a notary public's office.
With medical problems, travel is one of the last things that you want to undertake. If your relative is undergoing treatment at Cedars-Sinai or UCLA Medical Center, you cannot easily transport him to a notary public.
That is when a healthcare mobile notary in Los Angeles makes all the difference. We will go straight to you.
We offer healthcare mobile notary services from 24HourNotaryLA in Los Angeles. We go to hospitals, assisted living homes, and even residential homes within the county. We know how to deal with any medical emergency with grace and tact. We ensure that the documents are signed, and everything else required is done on the spot.
You will not have to travel through the congested traffic of Los Angeles or struggle in finding a parking space for your vehicle inside the hospital premises. We will sort out everything for you.
Next Steps to Protect Your Future
Planning for potential medical emergencies is an essential activity. First and foremost, it is important to know the difference between the Advance Healthcare Directive and Power of Attorney. Secondly, it is essential to have the paperwork completed and notarized.
Your paperwork should not be left unsigned on the counter at your home. If you need a trustworthy notary for the signing of your documents, we can help. Please contact us for an appointment today, and we will meet with you wherever you are located in Los Angeles.
Frequently Asked Questions
Does a California advance directive need to be notarized?
In California, an advance directive has to be notarized or signed by two qualified witnesses. Notarization is more favored by hospitals and lawyers since it avoids conflicts over qualification of the witnesses as well as expedites the confirmation process in case of emergencies.
Can a mobile notary come to a Los Angeles hospital?
Of course, mobile notaries come to Los Angeles hospitals such as Cedars-Sinai and Keck Hospitals to notarize healthcare directive and power of attorney forms. However, the person needs to be conscious and have an ID to show the notary public.
Is a living will the same as an advance directive in CA?
The living will is only one component of your health care plan. In the state of California, the living will and the medical power of attorney come together as one in what is called an Advance Health Care Directive.
What happens if I don't have an advance directive in California?
If you happen to become incapacitated in the absence of an advance directive, your doctors will be forced to turn to your immediate relatives for decision making. In cases where the immediate relatives have conflicting opinions regarding your treatment, a court-ordered conservatorship will be necessary.
How much does a mobile notary cost in California?
In California, the fee for each notary seal cannot exceed $15. In addition to this, there is also an additional agreed travel cost that is determined by the distance, time, and location within Los Angeles.