Discovery Commons San Ramon Blog

How to Choose the Right Person for a Healthcare Power of Attorney

Written by San Ramon | Apr 11, 2025 4:00:00 AM

Just east of San Francisco is beautiful San Ramon, a beloved city nestled in the midst of the East Bay's rolling hills. With a perfect blend of nature and community, it's the perfect city for California seniors to spend their retirement years.

Picking your new home is only the first step. Now is also the time to think about senior legal planning, something USA Today recently noted was being overlooked by many families.

One of the most important things you can do as a senior is create an advance healthcare directive and name your healthcare power of attorney. How can you choose the right person for the job? Read on to find out.

What Are Advance Healthcare Directives?

An advance healthcare directive, sometimes referred to as a living will, is a document that outlines your preferred medical decisions in various situations. It would only go into effect if you were unable to actively make those decisions. For example, it may go into effect if you are:

  • In a coma
  • Diagnosed with dementia
  • Injured in a manner that incapacitates you
  • Taking medications for a terminal illness that impacts your thinking

In this document, you can get very specific about any lifesaving medical procedures you'd want to undergo or forgo. This can include treatments such as:

  • Resuscitation
  • Tube feeding
  • Dialysis

You can also use your advance healthcare directive to outline certain medical decisions after your passing. For example, you can specify any organ donations you'd be willing to make.

What Is a Healthcare Power of Attorney?

When you're creating your advance healthcare directive in San Ramon, you'll need to designate a healthcare power of attorney. This is the individual who will:

  • Oversee the execution of your advance healthcare directive
  • Make medical decisions on your behalf as needed
  • Act as your advocate when communicating with medical professionals

Some people may refer to this person as your healthcare proxy, surrogate, or representative. In California, you're likely to see the term "power of attorney for healthcare."

Who Should You Pick for Your Medical Decision-Making?

There are several factors to consider when choosing your healthcare power of attorney. Let's take a look at both the legal and personal factors that will impact your choice.

Legal Considerations

LegalClarity provides a clear overview of the legal requirements for a medical power of attorney in the state of California. Legally, a medical power of attorney must be:

  • At least 18 years old
  • Capable of making informed decisions
  • Willing to act in the principal's known wishes or best interest

Unless legally related to you, your healthcare power of attorney cannot be directly involved in your medical care. For example, you generally can't choose a staff member from your San Ramon assisted living community. They also cannot be your conservator.

Personal Considerations

You may know several people who meet the legal requirements to become a healthcare power of attorney. This is why personal considerations are equally important. Make sure you're picking someone who:

  • You trust with such significant power
  • You reasonably expect will have the presence of mind throughout the rest of your life
  • Is willing to accept the responsibility

Talk to this person before you start drafting any legal paperwork. Verify that they are not only capable but willing to play this role in your life.

When Does a Healthcare Power of Attorney Kick In?

A healthcare power of attorney does not kick in as soon as you've filed the relevant paperwork. In fact, you need to make these decisions while you are still considered capable of medical decision-making. Having the legal paperwork simply ensures that your person of choice will have the power of attorney if and when the time comes.

They won't legally be able to make any decisions for you unless a licensed physician determines that you are no longer able to do so for yourself. If you or another loved one were to question this diagnosis, additional medical professionals may have to weigh in.

Additional Steps for Senior Legal Planning

As you're considering your options for senior living in San Ramon, you should also begin the process of senior legal planning. Here is a quick overview of the additional steps for thorough estate planning for seniors.

Assessing Your Cost of Living

It's useful to estimate your annual cost of living in relation to your retirement income and available assets. This will make it easier for you, your lawyer, or your financial power of attorney to navigate your finances in the coming years.

Knowing where to turn for assisted living or memory care in San Ramon can help. Oftentimes, assisted living residents have fixed monthly costs that account for rent, food, and daily care.

Picking a Financial Power of Attorney

Medical decisions aren't the only thing you should account for in the event that you become incapacitated. It is also wise to name a financial power of attorney who can:

  • Handle your estate
  • Access your various accounts
  • Execute your wishes or make financial decisions on your behalf

This may or may not be the same person who oversees your medical decisions.

Drafting Your Last Will and Testament

Finally, now is the time to create your last will and testament. The National Institute on Aging provides a useful checklist of the documents you'll need to do so.

Your will allows you to determine how your remaining assets will be divided after you pass. Specificity can reduce the likelihood that your estate will go into probate and reduce the burden on your surviving loved ones at the time of your death.

Planning for Your Future? Visit the Watermark at San Ramon

If you're thinking about your retirement, now is the appropriate time to choose your healthcare power of attorney along with other end-of-life designations. Use this guide to ensure that your power of attorney aligns with California state laws and your own best interests.

This is also a great time to review your options for assisted living in San Ramon. The Watermark at San Ramon provides some of the most spacious living quarters, resident-approved amenities, and tiered care to accommodate your long-term needs. Schedule a tour to find out why our community is a top choice for San Ramon seniors.