Problem
Mary and Robert Ogden, a married couple in their 80s, come into the office for some estate planning information. In addition to preparing wills for the clients, they have asked for powers of attorney and medical directives. After discussing it with the attorney, they have decided that they want documents that are reciprocal; meaning each will appoint the other first. They have indicated they would like their daughter, Rachel to serve as the surrogate health care decision maker, if they become disabled, they would like their son Robert, Jr. to serve as the power of attorney.
A. Undertake some independent, Internet-based research to determine what laws apply to durable powers of attorney in California. Provide feedback for me regarding what you located and your impressions.
B. Draft a general durable power of attorney for Mr. or Mrs. Ogden. It should reflect California law.
C. Review the state laws and forms available in California for advanced healthcare directives. Draft the appropriate document to record Mr. or Mr. Ogden's medical decisions, including end of life decisions, and appoint a health care agent. Supply your own facts that reflect Mr. or Mrs. Ogden's wishes for purposes of drafting the document.
D. Again, you'll need to conduct some independent, Internet-based research to identify examples you may use as a model.