Durable power of attorney for health care is a legal document that gives another person the authority to make a medical decision for an individual. The person named to represent the individual is referred to as an agent or attorney-in-fact.
They are called “directives” because you are directing them about what you want done. In California, the part of an advance directive you can use to appoint an agent to make healthcare decisions is called a Power of Attorney for Health Care.
The powers to decide on your behalf aren't transferred to your spouse automatically. Your husband or wife can become your health care agent only if you specify so in a medical proxy. Otherwise, they can't make choices in your name.
A legal surrogate. Even when nobody has named you as a health care agent, you may still be asked to make medical decisions for someone else. If you are a family member or possibly a close friend, you may be called upon to make decisions as the default decision-maker.
You may choose to appoint the same person to be in charge of your medical and financial decisions by naming them your health care proxy and granting them power of attorney. However, doing so usually requires two separate documents.
Since a spouse has no express successor right to a patient's right to make his or her own medical decisions, all family members have equal standing in the choice of treatment. A family member may challenge a spouse's choices as not being in the best interest of the patient.
Yes. If you and your spouse are informally or legally separated, the spouse may still be able to make medical decisions on your behalf prior to your divorce. There is no case law on this issue. If you file a health care directive, the hospital must comply with your wishes.
Unfortunately, unmarried couples, unlike their married counterparts, often aren't permitted to handle medical or financial decisions for each other without signed authorization.