by Robin Crawford

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Scenario 1: The surgeon had just shared the grave medical situation, its poor prognosis, and the slim chance that an operation could help, but the patient was unconscious and could not speak. Should the surgery be done? Should the patient simply be kept comfortable? What would she have wanted? No one in the family was sure.

Scenario 2: The illness had progressed slowly, and now the person could no longer stay at home, but he was too confused to understand what needed to be done. All of the arrangements needed signatures, but no one, not even his spouse, could sign them for him.

Families face confusion, conflict and anxiety when people are incapable of managing their own affairs. Even between spouses and between domestic partners, it cannot be assumed that health care issues can be resolved and legal actions and financial tasks can readily be accomplished for someone else.

California law provides a simple solution for managing a person’s affairs for those not able, either temporarily or in the long term, to care for themselves. The solution is called “powers of attorney,” and they apply to finances and health care.

The process is simple. The documents are not lengthy, nor are they expensive. The Power of Attorney for Finance names the person who will sign checks, make financial decisions, and provide for the personal care of an individual who is unable to care for his or her own affairs. The Advance Health Care Directive names the person who will talk with doctors, have access to medical records, and make the medical decisions for someone too ill to make such decisions. Both documents state the responsibilities and obligations of the person who is given this power, and the health care document gives specific guidance about the health care philosophy of the one who has authorized it.

When these documents are not completed by an individual, the family may be forced to file for a conservatorship. This process, which takes weeks and costs thousands of dollars, is a legal procedure with several steps.

A petition must be filed with the Superior Court, and notice must be given to the family of the person who has lost capacity. Once received, the court orders an investigation of the individual’s status and needs, and of the person initiating the conservatorship. In about 60 days, the court hears the merits of the petition, any challenges to it, and makes a decision about the conservatorship. If granted, the court will supervise the conservator, and will require annual accountings of the person’s finances as long as the conservatorship continues.

A conservatorship can seem invasive, expensive and full of legal obligations. It is meant, however, to care for people who have not planned for their care themselves.

Powers of attorney are simple tools that can help avoid complex problems.

Robin Crawford is a former hospice chaplain and an attorney practicing in Pacifica, Calif. He can be reached at 650-738-0720 or robinsoffice@sbcglobal.net. You can also visit his Web site at www.robincrawfordlaw.com.