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California Medical Power Of Attorney

California Medical Power Of AttorneyWhat is the difference between a living will and durable power of attorney?

Patients who could be a tug of war between life and death can make things easier in the future by creating a living will. Do not be misled by the term "this has nothing to do with a traditional will or trust that is used to distribute property and assets after the death of a person. Instead, living wills are documents that detail the type of medical treatment and care of a patient prefers they are unable to make decisions for themselves because of terminal illness, unconsciousness, and other situations that make them incapable.

An equally popular option is quite similar to living wills is the enduring power of attorney (DPA). Also known as medical power of attorney, DPA is a legal document that allows a person to choose a person (family member, friend or someone who knows you well) to make medical decisions for you if you unable to do so by example in a coma or mental incapacity. PAD is often considered the most powerful alternative to living wills.

A person may choose to create two documents to ensure everything goes smoothly in the future. After all, they are allowed in most states and are not exclusive of each other. For example, some states like California have a standard form available that has both a will and a CCA. Most of the time, it is more advantageous to have these two documents so that decisions not covered by any of them can be compensated by the other.
But before you go on the preparation of these documents, it is useful to know the differences between the two. Some differences:

1. CCA allows you to assign a person to take health care decisions for you, so that the will does not. In a will, the decision is all the person who signed the document.

2. Unlike living wills, DPAs does not necessarily mean the kind of medical treatment preferred by a patient if he is incapacitated.
3. CCA can understand almost any health care decision. This means that these documents do not impose any restriction on the constant awareness or terminal illness. On the other hand, living wills are restricted to these two conditions.


Each state has its own laws governing living wills and DPA-how they should be prepared, which should be witnesses, when the document comes into force, and how instructions are executed. There are states that provide a standard form and require it to be notarized. Others say the number of witnesses to the documents. If you have decided to write your own will, or DPA, make sure you know all the rules established by your state.

In addition to searching online, you can consult a lawyer about the legal implications of the document you will prepare.

With the various resources available on the Internet these days, you will not break a sweat when you create a living will or a CCA. All you have to do is download the software or form, fill it with the necessary information, review your document, and you're good to go.

Posted on February 14, 2010.
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