How To Choose Your Power Of Attorney, Healthcare Agents And Trustees In California

Deciding who should be responsible for making decisions on your behalf is a daunting task. You need to make sure that you choose someone who will act in your best interests and make the right decisions when you can’t. 

In California, you can appoint a Power of Attorney (POA), a Healthcare Agent (using a  Healthcare Directive) and/or a Trustee to manage your affairs. 

But how do you decide whom to pick? 

Let’s take a look at the criteria for choosing POA’s, Healthcare Agents and Trustees.

Understanding What Each Role Involves 

It’s important to understand the responsibilities that come with each role before making any decisions. 

–Power of Attorney (POA) is someone you designate as legally responsible for managing your financial affairs if you become unable to do so yourself. 

When selecting your Power of Attorney, the person you choose should be reliable, trustworthy, organized, competent to handle money matters and have an intimate knowledge of your finances and assets. 

They should have the ability to think critically and respond quickly when making decisions on your behalf. A POA must also be familiar with the laws governing estate planning. 

–Healthcare Agents is someone you designate as legally responsible for making medical decisions on your behalf if you become unable to do so yourself–such as a spouse or close family member. 

When choosing an agent, it’s important to pick someone whom you trust completely, as they will have access to your private medical information and will be able to make all health-related decisions when you cannot speak for yourself, and act in the way that they know best reflects your wishes. 

Designating a Healthcare Agent in California is a bit different. You must complete and sign a legally binding form known as an Advance Health Care Directive, which should be witnessed by two people other than the designated agent, or a notary public. 

Once completed In order for the Agent designation to be valid, it must be registered with the appropriate County Recorder's Office in the county where you live.

–Trustee is someone who oversees the assets held within a trust.

Along with being reliable, trustworthy, organized and knowledgeable about financial matters, your trustee should possess strong leadership skills so that they’re capable of managing multiple accounts or investments at one time without becoming overwhelmed or confused by complex legal documents or language surrounding trusts law. 

It’s important that the individual chosen has the ability to follow instructions closely while still exercising good judgment when making decisions related to trust management. 

Once the individual has been selected for either role, documents must then be filed with either the court or local register depending on the specifics of each case.

Remember to keep copies of all documents filed with either court or local register just in a safe place in case something happens down the line that requires additional documentation.

Having the right Power of Attorney, Health Care Agents, and Trustees in place is essential for maintaining your wishes and protecting your estate for future generations. 

Take your time when selecting these key players as state laws can help shape their roles and responsibilities.

As compelling as do-it-yourself estate plans are, seeking legal advice from an experienced estate planning attorney is a wise decision for ensuring you choose the correct Power of Attorney, Healthcare Agents and Trustees that meet your goals. 

Knowing this information before making a selection will ultimately help you protect yourself and your loved ones.

Questions about POAs, Healthcare Agents or Trustees? Contact our office today! 

DISCLAIMER: The content contained herein is for general informational purposes only.  These materials do not constitute legal or other professional advice.  We do not accept any responsibility for any loss that may arise from reliance on this information.  No reader should act or refrain from acting based on information contained in this article without seeking advice of counsel.