California Powers of Attorney & Advance Health Care Directives

Ensure your wishes are honored and your affairs are managed smoothly if you lose the ability to make legal, financial, and medical decisions for yourself.

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Powers of Attorney & Advance Health Care Directives

Life is unpredictable, but we help you plan for the unexpected with legal tools that give trusted individuals the authority to make decisions on your behalf. Powers of Attorney and Advance Health Care Directives are essential parts of any California estate plan, ensuring that someone you trust makes your financial, medical, and legal decisions if you're ever unable to speak for yourself. Incapacity planning protects your future and eases the burden on your loved ones.

Understanding Powers of Attorney in California

A Power of Attorney (POA) is a legal document that allows you to appoint someone—called your agent or attorney-in-fact—to handle financial and legal matters on your behalf. This can include paying bills, managing property, or handling business affairs. A durable Power of Attorney remains in effect even if you become incapacitated, making it an essential part of comprehensive estate planning.

Advance Health Care Directives in California

An Advance Health Care Directive lets you clearly state your medical preferences and designate someone you trust to make health care decisions if you're unable to communicate. This includes decisions about life support, pain management, and organ donation. In California, this document combines a "living will" with a medical power of attorney. It gives you the power to guide your medical care, no matter what the future holds.

Whether you're creating a new directive or updating an existing one, you'll get thoughtful guidance to ensure your values and beliefs are honored. With this important document in place, you can relieve your family from having to guess what you would want—and give them the peace of mind of knowing they are following your wishes.

Take the 1st Step

  • Schedule a complimentary intro call to assess your estate planning needs and learn more about our processes.

  • Answer an online questionnaire about your family dynamics and your assets before coming in for a Planning Session.

  • Meet with Emily Hester virtually to design a plan that will keep your family out of court and out of conflict.

  • Comprehensively review your plan and then sign your plan before a mobile notary at your home or office.

  • Meet with Emily Hester virtually for a funding meeting to discuss retitling assets in your Trust and updating beneficiaries to align with your plan.

FAQs: Powers of Attorney & Advance Health Care Directives

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  • A Power of Attorney is a legal document that gives someone you trust the authority to handle financial or legal matters on your behalf. This could include managing your bank accounts, paying bills, or handling real estate transactions. In California, a Durable Power of Attorney remains valid even if you become incapacitated, making it a key part of any estate plan.

  • Most institutions in California will accept a properly executed and notarized Power of Attorney. We always prepare the California Statutory Power of Attorney in addition to a longer, more specific Power of Attorney for our clients.

  • An Advance Health Care Directive allows you to name someone to make medical decisions for you if you’re unable to speak for yourself. It also lets you express your wishes regarding life-sustaining treatment, pain management, organ donation, and more.

  • No. In California, the Advance Health Care Directive combines the functions of a living will and a medical power of attorney. This single document lets you both state your health care preferences and appoint someone to carry them out if you're unable to do so yourself.

  • If you become incapacitated without these documents in place, your loved ones may have to go through a lengthy and expensive court process to gain authority over your finances or medical decisions. Having these documents in place avoids court involvement and ensures your wishes are clearly known and legally enforceable.

  • Yes—both documents can be updated or revoked at any time, as long as you're mentally competent. It's a good idea to review your estate plan every few years or after major life changes like marriage, divorce, or a change in your agent’s availability.

  • You should choose someone you trust completely—someone who understands your wishes and will follow them even in difficult situations. Many people choose a spouse, adult child, or close friend. It’s also wise to name backup agents in case your first choice is unavailable when needed.

Take the First Step by Scheduling an Intro Call

Person typing on a laptop at a white desk with a potted plant, glasses, a smartphone with a marble design case, and pencils.

  • Schedule a complimentary intro call to assess your estate planning needs and learn more about our processes.

  • Answer an online questionnaire about your family dynamics and your assets before coming in for a Planning Session with Emily Hester.

  • Attend a Planning Session with Emily Hester and virtually design a plan that will keep your family out of court and out of conflict.

  • Comprehensively review your plan and then sign all of your documents before a mobile notary at your home or office.

  • Meet with Emily Hester to discuss retitling your assets and updating your beneficiaries to align with your Trust.

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From The Families We’ve Helped

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“We highly recommend Emily for estate planning. She made everything smooth, seamless and clear. Emily was always on time, prepared and thoughtfully guided us through the entire process. She answered all our questions carefully and followed up promptly. Everyone should have a plan in place and Emily is the right person to help you!”

̴Vichai P.

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“Estate planning was something that my husband and I steadfastly avoided for many years. It all seemed too stressful and fraught with emotional decisions. We are so very fortunate to have met Emily, who guided us through the process with her expertise and good judgment. She handled difficult conversations with the utmost respect and sensitivity, helping us to assess, navigate and formalize a plan that was best for us. Her knowledge, skill and overall thoughtfulness were invaluable. We are forever grateful to her for setting up our family planning in the best possible way.”

̴Tess B.

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"We had a wonderful experience working with Emily to design our family's estate plan. She was knowledgable, attentive, and made the process smooth and easy to understand. Her professionalism and clear communication gave us peace of mind about taking care of each other and our children."

̴Christopher J.

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“This estate planning process seemed intimidating, but Emily was so reassuring and informed. She made it simple and I feel a huge weight off knowing this is all taken care of. Could not recommend more!”

̴Madeleine V.

Have you named legal guardians for your kids?

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Download Our Free Kids Protection Planning Guide

When thinking about whether this is the right time to do your estate planning, ask yourself these questions:

  1. Who would take care of my kids if something happened to me and my partner?

  2. Would my loved ones have immediate access to enough financial resources to properly care for my children?