How do I limit the authority of my health care agent/POA in my advance medical directive?

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How do I limit the authority of my health care agent/POA in my advance medical directive?

I am in the process of preparing an AMD. I would like to find out if I can limit the authority of my health care proxy/POA by adding a specific instruction like this in the Living Will section: “In case there is a conflict between instructions given by my health care agent/POA and instructions given by me in my Advance Medical Directive, my Advance Directive shall take priority.” According to the Commission on Law and Aging website, this is a viable way of limiting authority given to a health care proxy/POA. In reality, would medical providers honor it in an emergency?

Asked on September 29, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can limit the authority given to your attorney in fact under the power of attorney given to him or her by you in your advance medical directive if this document is signed by you after the creation of the power of attorney given to your representative.

The lanuage that you have quoted in your question is adequate and would be binding in California under the advance medical directive that you have mentioned. The practical problem that could arise is if there is an emergency concerning your health mandating immediate medical care, the advance medical directive stating your desires may not come to light until much later in time to the health care practioners treating you.

Good question.


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