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A probate judge will appoint a conservator to assume the duties that an attorney-in-fact would typically have. Someone close to you may file a request to be named your conservator, which the Court may or may not approve.

You must sign the Power of Attorney. You can ask someone to sign for you, but you have to watch him or her do it. The document must be acknowledged by a notary public or signed by at least 2 adult witnesses.

You must have the mental capacity to establish a POA, meaning you grasp what it is and the implications of setting one up. The person you choose as your agent must also be 18 or older and have mental capacity. Your power of attorney document must be signed in front of a notary public or by two competent witnesses.

Simply put, a California durable power of attorney for healthcare names somebody to make medical decisions any time you are incapable to do it on your own, even if you are expected to make a full recuperation.

A Medical Power of Attorney gives your agent the right to make health care decisions for you. A general durable power of attorney empowers the agent to make financial decisions and usually does not give the person the right to make decisions about health care.

In California, an Advance Directive can also include naming a health care agent through a Medical Power of Attorney. This trusted individual can make medical decisions on your behalf, guided by the instructions in your Advance Directive. Thus, it doesn't need to be a separate document, but it can be if you choose.