Agent Boot Camp Training Program

Preparing Agents to Act Effectively Under Power of Attorney and Advance Health Care Directive

A Comprehensive Training Curriculum for California Estate Planning Practitioners

OVERVIEW & INSTRUCTOR GUIDE

Program Goals

By the end of this boot camp, agents will be able to:

  1. Explain when their authority begins and what documents authorize them to act
  2. Apply fiduciary and decision-making standards to real-world situations
  3. Work effectively with banks, healthcare institutions, and family members
  4. Know when and how to seek professional guidance
  5. Protect themselves and the principal from common pitfalls
  6. Feel confident and prepared for their role

Format Options

Option A: 90-Minute Live Workshop

  • Ideal for groups of 5–20 participants
  • Includes mini-lectures, scenarios, Q&A
  • Can be in-person or virtual
  • Good for agents already named and ready to learn
  • Timing: Can be offered quarterly or as needed

Option B: On-Demand Module Series

  • 4–5 video modules (15–20 minutes each)
  • Agents watch at their own pace
  • Includes downloadable handouts and checklists
  • Follow-up Q&A session or email support
  • Good for offices with many clients; agents can access anytime

Option C: Individual Consultation

  • One-on-one meeting with attorney or staff
  • Tailored to agent's specific situation
  • Focus on principal's unique needs
  • Best for complex cases or uncertain agents

Materials Needed

  • Slide deck (included below with notes)
  • Handouts: Quick reference sheets, scenario worksheets, decision trees
  • Equipment: Projector/screen for live, video camera for recorded versions
  • Follow-up: Email or phone support for questions after the training

BOOT CAMP CURRICULUM

Module 1: Opening – What Did You Agree To Do? (10–15 minutes)

Learning Objectives

  • Understand the role of agent
  • Know why the principal chose them
  • Recognize the importance of their responsibility

Slide Content & Speaker Notes

Slide 1: Welcome

  • Title: "Agent Boot Camp: Understanding Your Important Role"
  • Your name, office name, date
  • Brief welcome and gratitude for their attendance

Speaker notes: "Thank you for being here. You've been chosen for an important role—to make decisions on behalf of someone you care about if they can no longer make decisions themselves. This training will help you understand what that means and prepare you for situations you might face. We'll cover the law, your duties, and practical scenarios. This is not stressful—it's informative and will give you confidence."

Slide 2: Agenda

  • Part 1: What you agreed to do
  • Part 2: Your legal duties in plain English
  • Part 3: Scenario labs (health care decisions)
  • Part 4: Scenario labs (money and paperwork)
  • Part 5: Working with professionals
  • Part 6: Your first three actions

Speaker notes: "Here's how we'll spend our time together. Each section builds on the last. By the end, you'll have practical tools and know what to do."

Slide 3: Polling Question

  • "How many of you are acting as a financial agent (POA)?"
  • "How many are acting as a health care agent (AHCD)?"
  • "How many are successor agents?"
  • "How many have questions about what you're supposed to do?"

Speaker notes: "Let me get a sense of the room. This will help me focus on what matters to you." [Pause for responses.] "I see that most of you... [tailor to audience]. Great. Let's start with the basics."

Slide 4: The Principal's Choice

  • "You were chosen because [Principal's name] trusts you."
  • "You were chosen because you understand their values."
  • "You were chosen because they know you will prioritize their interests."
  • "This is one of the greatest gifts of trust."

Speaker notes: "Take a moment to recognize this: the person who named you as agent trusts you more than almost anyone. They trust you with their money, their medical care, their dignity. That's a big responsibility, but it's also an honor. Our job here is to help you live up to that trust."

Module 2: Your Legal Duties in Plain English (15–20 minutes)

Learning Objectives

  • Understand fiduciary duties for financial agents
  • Understand decision-making standards for health care agents
  • Know what they can and cannot do
  • Recognize the difference between authority and responsibility

Slide Content & Speaker Notes

Slide 5: Financial Agent – The Big Picture

  • You manage the principal's money and legal affairs
  • Authority begins immediately (or when springing)
  • Lasts for principal's lifetime
  • You have no duty to act unless you've agreed to

Speaker notes: "If you're a financial agent, here's the overview: You are authorized to manage the principal's money, pay their bills, manage their investments, and make legal and financial decisions. Your authority either starts right now, or it starts when a doctor says the principal can't manage their affairs anymore. We call this a 'springing' POA. Your authority lasts as long as the principal lives. And here's an important point: you don't have to do this. If you decide you can't or won't, you can resign. But if you've agreed, there are duties you must follow."

Slide 6: The Four Core Duties (Financial Agent)

Duty 1: Loyalty

  • Act in the principal's interest, not your own
  • No self-dealing
  • No mixing your money with theirs
  • No conflicts of interest
  • No gifts to yourself (even if you think they'd approve)

Speaker notes: "First duty: loyalty. This is the most important one. You are a fiduciary, which means you're in a position of trust. You have to put the principal's interests first, not your own. This means: don't use their credit card to buy yourself a sandwich, even if you plan to pay them back. Don't mix their money with your own. Don't buy investments because they benefit you. Don't give yourself a raise or bonus. The principal's interests come first."

Duty 2: Prudence

  • Act carefully and competently
  • Make reasonable business decisions
  • Don't take wild risks with the principal's money
  • Manage it like a careful person would manage their own
  • Seek professional advice when needed

Speaker notes: "Second duty: prudence. This means act reasonably. Don't invest all the principal's life savings in a risky cryptocurrency. Don't make snap decisions. Don't act carelessly. If the principal has complicated finances, get professional help. A CPA, a financial advisor, an accountant—it's okay to pay for their advice to protect the principal's assets."

Duty 3: Recordkeeping

  • Keep clear records of everything
  • Every withdrawal, deposit, payment
  • Receipts and invoices
  • Date, amount, purpose
  • Be able to show exactly how money was spent

Speaker notes: "Third duty: recordkeeping. You have to keep track. Write down what you do. Save receipts. Keep a simple ledger or spreadsheet. If someone asks you (a family member, the principal, or a court), you need to be able to say: 'Here's where every dollar went.' This protects both the principal and you."

Duty 4: Accountability

  • Be transparent about your decisions
  • Explain your reasoning
  • Provide accounting statements if requested
  • Be prepared to justify what you did

Speaker notes: "Fourth duty: accountability. This is about being open and honest. If someone asks, 'Why did you do that?' you should be able to explain. Keep notes. Document big decisions. This isn't about being paranoid or expecting to be second-guessed. It's about protecting the principal and protecting yourself. If a family member questions a decision, you can show them the reasoning and documentation."

Slide 7: Health Care Agent – The Big Picture

  • You make medical decisions if the principal can't
  • You use their values and wishes to guide decisions
  • Authority begins when they can't decide
  • You follow their written instructions or known wishes

Speaker notes: "If you're a health care agent: You are authorized to make medical decisions. You decide about treatment, surgery, medications, and end-of-life care. You use the principal's values and wishes to guide your decisions. Your authority starts when the principal can no longer make decisions—usually when a doctor says so. You follow what they said they wanted in their advance directive, or what you know they want from conversations."

Slide 8: The Decision-Making Standard (Health Care Agent)

Step 1: Written Instructions

  • Does the principal's advance directive address this decision?
  • If yes, follow it exactly

Step 2: Known Wishes

  • What did the principal say about this?
  • What are their values?
  • How would they decide?

Step 3: Best Interests

  • If wishes aren't known, what's in their best interest?
  • What would a careful, loving person decide?

Speaker notes: "When you have to make a medical decision, use this three-step test. First: Is there a written instruction? 'I don't want to be on life support.' Then follow it. Second: Do you know what they would want from conversations? Maybe they never said 'no feeding tube' but they told you, 'I never want to be a burden.' Use that. Third: If you don't know what they want, do what's in their best interest. Choose the treatment or option that a caring person would choose. This standard is called 'substituted judgment'—you're substituting your judgment for theirs, but based on what you know about them."

Slide 9: What You Cannot Do

Financial Agents:

  • Cannot act after the principal dies
  • Cannot delegate authority (unless POA allows)
  • Cannot act against written instructions
  • Cannot profit from decisions
  • Cannot ignore limitations on your powers

Health Care Agents:

  • Cannot override written instructions
  • Cannot act in your own interest
  • Cannot deny appropriate care
  • Cannot abandon or neglect
  • Cannot make decisions after death

Speaker notes: "Here are your limits. Financial agents: you can't act after the principal dies—that's the executor's or trustee's job. You can't just delegate your job to someone else, unless the POA specifically allows it. You can't ignore any limitations the principal put in writing. Health care agents: you can't override what they said they wanted. You can't decide based on what you think is best for you. You can't deny them care because you think it's too expensive. You have limits, and that's good—it protects the principal."

Slide 10: Key Difference – When Authority Starts

Immediate POA:

  • You can act right now
  • Principal is still making decisions
  • You help or co-manage
  • Good for principals who want oversight

Springing POA:

  • You wait until principal can't decide
  • Physician must certify incapacity
  • Then you step in fully
  • Good for principals who want privacy

AHCD:

  • You wait until principal can't decide on medical matters
  • Doctor determines incapacity (usually informal)
  • Then you make decisions
  • Can be "immediate" if principal chooses

Speaker notes: "An important distinction: financial agents might start immediately or wait until needed. Health care agents almost always wait. If you're a financial agent with an immediate POA, you might be co-managing the principal's affairs—helping pay bills, managing accounts—while they're still fully capable. They're checking on you. That's normal. If it's a springing POA, you're waiting. When the principal gets sick or injured and can no longer manage, a doctor writes a letter saying so. Then you step in. For health care agents, you almost always wait until you're needed. You're on standby."

Module 3: Scenario Lab – Health Care Decisions (20–25 minutes)

Learning Objectives

  • Apply decision-making standard to realistic cases
  • Practice conversations with doctors and family
  • Develop confidence in difficult decisions
  • Recognize when to seek help

Scenario 1: Emergency Surgery

Setup: "It's 2 a.m. Your principal had a sudden heart attack. An ambulance brought them to the ER. A cardiologist appears and says, 'Your father needs emergency bypass surgery. It's his only chance. We need your decision now.'"

What the Agent Knows:

  • The principal is 72 years old
  • No advance directive instructions about heart surgery
  • In the past, the principal said, "I want to live as long as possible"
  • The agent has not been trained to make medical decisions

Facilitation Questions:

  1. "What do you do in the first 30 seconds?" [Pause.]

    • Take a breath. You don't have to decide alone.
    • Ask questions.
    • Make sure you're talking to the right doctor.

  2. "What questions do you ask the cardiologist?"

    • "What exactly is the surgery?"
    • "What are the chances it will help?"
    • "What happens if we don't do it?"
    • "What's recovery like? How long?"
    • "Are there other options?"

  3. "What do you know about what the principal would want?"

    • They said they want to live as long as possible
    • They didn't leave written instructions
    • In an emergency, most people want treatment tried

  4. "What do you decide?"

    • Say yes to the surgery
    • Reason: The principal wanted to live long; they didn't say "no surgery"; this is their best chance

  5. "What do you do next?"

    • Sign the consent form
    • Call family members and tell them what happened
    • Get updates from the surgical team
    • Document the decision

Common Concerns Agents Raise:

  • "What if I make the wrong decision?"
    • Answer: You're not responsible for medical outcomes. You're responsible for making a decision based on the principal's wishes. If you follow their wishes, you've done your job.
  • "What if family members disagree?"
    • Answer: You have the authority, not them. But communicate. Explain your reasoning. Listen. If they're very upset, offer to discuss with the doctor together.
  • "What if I panic?"
    • Answer: It's okay to say, "I need a few minutes to think" or "Let me call [family member]." Most situations aren't truly emergencies that require a decision in seconds.

Guided Role-Play (Optional):

  • One person plays the principal/agent
  • One person plays the cardiologist
  • Group observes and provides feedback
  • Debrief: "What went well? What was hard? What did you learn?"

Scenario 2: End-of-Life and Family Disagreement

Setup: "Your principal is 85 and has been in a nursing home for two years with advanced dementia. They don't recognize family members. They can no longer eat or drink normally. The doctor calls: 'A feeding tube would help her live longer, but she'll never recover. What do you want to do? By the way, her daughter [your sibling] thinks you should do the tube. Her son thinks you should not.'"

What the Agent Knows:

  • Principal is 85, had dementia for 5+ years
  • Advance directive says: "I do not want to live with advanced dementia. Focus on comfort."
  • Main value was independence; now completely dependent
  • Family is divided

Facilitation Questions:

  1. "What does the AHCD say?"

    • "I do not want to live with advanced dementia. Focus on comfort."
    • This is a clear instruction

  2. "How do you make this decision?"

    • The principal left an instruction
    • You follow it, even though family disagrees
    • You explain: "Mom left written instructions about this exact situation."

  3. "What do you say to the doctor?"

    • "My mother said she doesn't want to live this way. I want to focus on comfort. No feeding tube. Please make sure she's not suffering."

  4. "What do you say to the sibling who wants the tube?"

    • Listen to their concerns first
    • Then explain: "I know you want Mom to live longer. I want that too. But she told me what she wanted if she had dementia. She said no feeding tube, comfort only. I have to honor what she wanted."
    • Offer to discuss with the doctor together: "Let me get the doctor to explain. Maybe that will help."

  5. "What happens next?"

    • Doctor focuses on comfort care (pain, hygiene, company)
    • Agent visits regularly
    • Keeps family updated
    • Documents the decision in the chart
    • If sibling continues to push, agent might offer mediation or hospital ethics committee

Common Concerns Agents Raise:

  • "Isn't this giving up?"
    • Answer: No. The principal told you ahead of time what they wanted. You're honoring their wishes.
  • "What if the sibling sues?"
    • Answer: Unlikely, if you have written instructions and documentation. But if you're worried, consult with an attorney.
  • "How do I handle my own guilt?"
    • Answer: Remember: the principal chose this, not you. You're following their wishes. That's your job. Many agents find it helps to talk with a counselor or clergy member.

Guided Role-Play (Optional):

  • One person plays agent
  • One person plays sibling with opposite view
  • Practice the difficult conversation
  • Debrief with group

Scenario 3: Emergency and Ambiguous Instructions

Setup: "Your principal collapsed with a stroke. They're in the ER. Doctors say: 'Massive stroke. Brain damage. Even with treatment, they'll be severely paralyzed and might not recognize people. They could live 5–10 years on a feeding tube and ventilator. Or we can do comfort care. What do you want to do?'"

What the Agent Knows:

  • Principal's AHCD says: "I want to try treatment, but not if I can't get better."
  • This is ambiguous—what does "get better" mean?
  • Family is divided; some want aggressive care, some want comfort

Facilitation Questions:

  1. "Does the AHCD give you a clear answer?"

    • Sort of. "Try treatment, but not if I can't get better."
    • What does "get better" mean? Full recovery? Some recovery? Any recovery?
    • Ambiguous.

  2. "What do you do?"

    • Ask the doctor: "What's realistic? Can she recover? What would life be like?"
    • Doctor: "No recovery. She'd be paralyzed, in a facility, probably not conscious. Maybe live 5–10 years."
    • Agent: "That's not getting better. That's not what she wanted."

  3. "So your decision is?"

    • No aggressive treatment. Comfort care. Let her rest.

  4. "What if family wants aggressive care?"

    • Explain: "The doctor said aggressive care would leave her paralyzed and in pain. The doctor said no recovery. She said she doesn't want that. Comfort care honors what she wanted."

  5. "What happens next?"

    • Transition to comfort care
    • Involve palliative care team
    • Keep family involved
    • Agent stays present with principal
    • Document all conversations

Common Concerns:

  • "What if they live a long time despite comfort care?"
    • Answer: That's okay. You're not hastening death; you're not prolonging suffering. You're providing comfort care. If they live a long time, so be it.
  • "What if I misunderstood what they wanted?"
    • Answer: You did your best with the information you had. You applied the principal's values. That's all anyone can do.

Module 4: Scenario Lab – Money and Paperwork (20–25 minutes)

Learning Objectives

  • Manage practical financial tasks
  • Deal with institutional resistance
  • Recognize warning signs
  • Protect the principal and yourself

Scenario 1: Bank Refuses the POA

Setup: "You go to the bank with the principal's durable POA. You say, 'I'm the agent under this power of attorney. I need to access the account and pay some bills.' The banker says, 'We don't accept POAs. We have our own form. You'll need the principal to come in and sign it.' The principal has dementia and can't travel."

What the Agent Knows:

  • POA is legally valid
  • Bank is being difficult or cautious
  • Principal is incapacitated and can't sign new documents
  • Bills need to be paid now

Facilitation Questions:

  1. "What's your first move?"

    • Ask, in writing: "Why won't you accept this POA? Please list your specific objections."
    • Banks often refuse verbally but won't give a written reason.

  2. "If they give a reason, what do you do?"

    • Invalid reason: "We have our own form." → Say: "I'll sign your form too. But I have a valid POA. Accept both."
    • Valid reason: "Not notarized." → Offer: "Let me get it notarized. Here are the state requirements." [Show the POA statute.]
    • Invalid reason: "It's old." → Say: "It's still valid. Here's the law." [Cite California Probate Code § 4124.]

  3. "If the bank still refuses?"

    • Ask to speak to the branch manager or the legal department
    • Write a letter: "This bank is violating California law by refusing a valid power of attorney."
    • Contact another bank for the principal's future banking
    • Consult attorney if needed

  4. "What if you need to pay bills right away?"

    • Some banks will allow bill payments even without agent authority (if principal has authorized it)
    • Set up automatic bill pay through the bank's website (if principal set it up)
    • Temporarily use the principal's existing debit card (if available)
    • Open account at a different bank that accepts the POA

  5. "What happens next?"

    • Get the account opened at the cooperative bank
    • Transfer the principal's balance if needed
    • Close the non-cooperative bank account
    • Document everything

Common Concerns:

  • "Aren't I just being pushy?"
    • Answer: No. The principal named you as agent. The bank is violating California law. Be respectful but firm.
  • "What if the principal sued the bank?"
    • Answer: Possible, but you don't have time for that. The practical answer is to move the account to a cooperative bank.
  • "What if the principal has lots of money at this bank?"
    • Answer: Consult an attorney. You might need to file a court order or petition. But most banks will accept a valid POA if you push back with the statute.

Guided Role-Play (Optional):

  • One person plays agent
  • One person plays stubborn banker
  • Practice the conversation
  • Debrief

Scenario 2: Discovering Mismanagement or Fraud

Setup: "You're paying the principal's bills for the first time. You discover: (1) three credit cards with $50,000 in debt; (2) a loan to the principal's nephew for $30,000 (never documented); (3) large cash withdrawals but no explanation; (4) home repairs supposedly done but house looks the same. You suspect someone else (maybe the principal's other child) has been taking advantage."

What the Agent Knows:

  • Principal has dementia and can't explain
  • Some spending was done by agent #2 (another child)
  • Possibly fraudulent or wasteful
  • Family conflict likely if you investigate

Facilitation Questions:

  1. "What's your first move?"

    • Document everything
    • Get bank statements going back as far as possible
    • Note dates and amounts
    • Try to ask the principal about specific transactions

  2. "Do you confront the other person?"

    • Depends. Is it clearly fraud, or could there be a reasonable explanation?
    • Start with: "I noticed [transaction]. Can you explain it?" Give them a chance.
    • If no good explanation, you may need to stop their access or report it

  3. "What do you do about the debt?"

    • Are these the principal's legitimate debts (medical, necessary services)?
    • Or are they fraudulent (credit cards used by someone else)?
    • If legitimate, you'll need to pay them from principal's funds (if funds available)
    • If fraudulent, you may dispute them with the card companies

  4. "Do you contact law enforcement?"

    • If you believe fraud, yes, eventually
    • But document first
    • Consult attorney before reporting
    • Consider whether family resolution is possible or necessary

  5. "What's your responsibility?"

    • Protect the principal's assets
    • Stop ongoing fraud or mismanagement
    • Report to family (or court if needed)
    • Consider yourself as trustee—you're now responsible for the principal's money

Common Concerns:

  • "Isn't it family drama to investigate?"
    • Answer: Protecting the principal's assets from fraud is your job, not family drama. If you ignore fraud, you could be liable.
  • "What if it turns out a family member was stealing?"
    • Answer: That's serious. You need to report it. Consult an attorney on how to proceed. You might need to file a report with Adult Protective Services.
  • "What if I just want to avoid the hassle?"
    • Answer: You can't. You accepted the role. Part of being a fiduciary is investigating and protecting assets.

Scenario 3: Tax Returns and Complex Finances

Setup: "You're now responsible for the principal's finances. They have: (1) a business with employees and income; (2) investment accounts; (3) real estate; (4) a pension; (5) Social Security. Tax time is coming, and the principal hasn't filed returns in two years."

What the Agent Knows:

  • Complex finances
  • You're not a CPA
  • Urgent: tax returns are overdue
  • Principal has little time or capacity to explain

Facilitation Questions:

  1. "What's your first move?"

    • Hire a CPA or tax attorney
    • Yes, this costs money, but it's necessary
    • Better to spend $2,000 on professional help than make $20,000 in errors

  2. "How do you hire a professional?"

    • Ask for recommendations (from principal's former accountant, your attorney, friends)
    • Interview a few candidates
    • Explain the situation: "The principal is incapacitated. I'm the agent. I need to file overdue returns."
    • Agree on fees

  3. "What information do you gather?"

    • All income statements (1099s, K-1s, business income records)
    • Expense documentation (if business)
    • Investment statements
    • Mortgage interest statements
    • Medical expense records
    • Charitable donation records
    • Give all this to the CPA

  4. "What about going forward?"

    • Plan for the next return (month before deadline)
    • Gather documents monthly, not at year-end
    • File quarterly estimates if the principal has business income
    • Keep a simple record of income and expenses

  5. "What if there's a big problem (missed payments, penalties)?"

    • The IRS may pursue the principal
    • You might need to work out a payment plan
    • Consult the CPA and attorney
    • Don't panic; the IRS works with people in these situations

Common Concerns:

  • "Won't hiring a CPA deplete the principal's assets?"
    • Answer: It's an expense of managing the principal's money. It's legitimate and necessary. Budget for it.
  • "What if the CPA finds fraud or tax issues from before?"
    • Answer: Report to the attorney. You might need to amend past returns or make payments. But you, as the new agent, are responsible going forward, not for what happened before.

Module 5: Working with Professionals and When to Ask for Help (10–15 minutes)

Learning Objectives

  • Know when to consult professionals
  • Understand the role of attorney, CPA, financial advisor
  • Know boundaries of professional advice
  • Develop confidence in asking for help

Slide 11: When to Contact Us (Your Attorney)

Contact for:

  • Questions about your powers under the POA or AHCD
  • Decisions about major transactions (selling real estate, large gifts)
  • Family conflict about your decisions
  • Suspected abuse, fraud, or mismanagement
  • Need to revoke or modify principal's documents
  • Court petitions (conservatorship, accountings, etc.)
  • Questions about agent authority or duties

How to reach us:

  • Phone: 949-5059494
  • Email: david.talley@trustcounsel.law
  • Office hours: 9am-6:pm Mon-Fri
  • Emergency:Call 949-901-7330 and leave a voicemail message

Speaker notes: "We are your resource. Don't hesitate to call if you have questions. It's better to call and ask than to make a decision you're unsure about. Consultations for questions about an existing client's documents are typically at no charge or a reduced rate."

Slide 12: When to Contact a CPA or Financial Advisor

Contact for:

  • Tax returns and tax questions
  • Investment decisions
  • Business management questions
  • Complex financial accounting
  • Questions about what's affordable

How to find one:

  • Ask for recommendations from your attorney, friends, or professionals you trust
  • Check credentials (CPA, CFP—Certified Financial Planner)
  • Interview a few candidates
  • Agree on fees in writing before hiring

Speaker notes: "Hiring professionals is not a sign of weakness; it's a sign of prudence. The principal chose you because they trust your judgment, not because you're expected to be an expert in taxes or investments. Get help."

Slide 13: When to Contact a Physician or Medical Professional

Contact for:

  • Questions about the principal's diagnosis or prognosis
  • Understanding treatment options
  • Getting a second opinion
  • Questions about end-of-life decisions
  • Understanding pain management or palliative care

Special resources:

  • Palliative care specialists (for comfort care, pain management)
  • Geriatricians (for elderly patients)
  • Hospital ethics committees (for difficult decisions)
  • Hospice teams (for end-of-life care)

Speaker notes: "Doctors work for you (in a sense—they work with you to care for the principal). Ask them questions. Ask them to explain in plain English. Ask for their recommendation. Most doctors appreciate agents who are engaged and asking good questions."

Slide 14: When to Contact Family Members or Support

Reach out for:

  • Information about the principal's values and wishes
  • Emotional support in hard decisions
  • Help with day-to-day caregiving
  • Practical assistance (visiting, organizing, etc.)
  • Feedback and perspective

Important boundaries:

  • You make the final decision, not them
  • But hearing their perspective helps
  • Include them in the process (when possible)
  • Be transparent about your reasoning

Speaker notes: "You're not in this alone. Family members, friends, clergy, counselors—these people can support you. Use them. At the same time, remember: you have the authority and responsibility. You're not making decisions by committee. But hearing from people who know the principal can help inform your decision."

Slide 15: When to Contact Adult Protective Services or Law Enforcement

Contact if:

  • You suspect abuse (physical, financial, emotional, or neglect)
  • You discover active fraud or theft
  • You're worried about the principal's safety
  • Someone is threatening or intimidating the agent

How to report:

  • Adult Protective Services: [State number or local agency]
  • Police (for theft or fraud): 911 or local police non-emergency
  • Elder Abuse Hotline: [If applicable]

Speaker notes: "If you suspect abuse, don't try to handle it alone. Call the professionals. This isn't about suing family or getting revenge. It's about protecting the principal. These agencies are trained to investigate and help."

Module 6: Closing – Your First Three Actions (5–10 minutes)

Learning Objectives

  • Create an action plan
  • Feel confident leaving the training
  • Know next steps
  • Have resources to refer back to

Slide 16: Your First Week as Agent (If You're Acting Now)

Day 1:

  • [ ] Confirm with principal or family that you're needed
  • [ ] Gather all POA/AHCD documents and make copies
  • [ ] Get physician's statement (if springing POA)
  • [ ] Create a simple folder or file for documents

Day 2-3:

  • [ ] For financial agents: Contact banks; request account access
  • [ ] For health care agents: Contact healthcare providers; ensure AHCD is in the chart
  • [ ] Create a contact list (family, professionals, doctors, etc.)

Week 1:

  • [ ] For financial agents: Gather bills and statements; set up tracking system
  • [ ] For health care agents: Review principal's medical records; speak with doctor
  • [ ] Schedule a follow-up with attorney/professional if needed

Slide 17: Your First Month as Agent (If You're Not Acting Yet)

This Month:

  • [ ] Have a deep conversation with the principal about their values and wishes
  • [ ] Ask specific questions (from handout provided)
  • [ ] Review their advance directive or POA
  • [ ] Know where documents are stored
  • [ ] Create a contact list (banks, doctors, family, professionals)

Ongoing:

  • [ ] Check in periodically (if immediate POA)
  • [ ] Ask questions if you're unsure about anything
  • [ ] Read this booklet again if needed
  • [ ] Reach out to attorney with questions

Slide 18: Your Personal Action Plan

On this handout, write down:

  1. "My first action will be..." [Agent fills in]
  2. "One question I still have is..." [Agent writes]
  3. "One person I can call for help is..." [Agent names someone]
  4. "The next conversation I need to have with [Principal's name] is..." [Agent writes]

Speaker notes: "Take 5 minutes and fill this out. Don't overthink it. Just write down what comes to mind. This is your personal action plan. Keep it handy. Refer back to it. This helps you feel prepared and organized."

Slide 19: Resources You Have

You have:

  • Booklet: Power of Attorney and AHCD Guide
  • Quick reference sheets (1-page summaries)
  • Scenario worksheets
  • Contact information for attorney, professionals, etc.
  • Access to follow-up Q&A via email or phone

Keep these handy:

  • Copies of POA/AHCD
  • Principal's medical records or health information
  • Principal's financial information
  • Contact list

You can always reach us:

  • Phone: [Number]
  • Email: [Email]
  • Office hours: [Hours]

Slide 20: Closing Thoughts

Remember:

  • You were chosen because you're trustworthy
  • Your job is to make decisions based on the principal's wishes
  • You're not alone—reach out for help
  • It's okay to not know everything
  • Document your decisions and your reasoning
  • Take care of yourself
  • Be proud—you're doing an important thing

Speaker notes: "Thank you for being here. You came because you care about the person who named you. That matters. You've learned a lot today. You're more prepared than you were this morning. And we're here to help. Don't be shy about calling with questions. Your role is important, and we want you to succeed. Thank you."

HANDOUT MATERIALS

Handout 1: Agent Quick Reference – Financial Agent

My Role:

  • Manage [Principal's name]'s money and financial affairs
  • Pay bills, manage accounts, handle investments
  • Act in their best interest, not my own
  • Keep careful records
  • Be transparent and accountable

When I Can Act:

  • [ ] Immediately (this is an immediate POA), or
  • [ ] When a doctor says [Principal] can't manage their own affairs (springing POA)

My Core Duties:

  1. Loyalty: Act in their interest, not mine
  2. Prudence: Make careful, reasonable decisions
  3. Recordkeeping: Keep track of everything
  4. Accountability: Be able to explain what I did

If I'm Acting Now:

Week 1:

  • [ ] Notify family and principal's employer
  • [ ] Contact banks with a copy of this POA
  • [ ] Gather bills and statements
  • [ ] Set up a simple tracking system

Ongoing:

  • [ ] Pay bills on time
  • [ ] Keep receipts and records
  • [ ] Document major decisions
  • [ ] Update family periodically

When Something Goes Wrong:

If I discover fraud or mismanagement:

  • Stop it immediately
  • Document what happened (dates, amounts, details)
  • Contact the attorney
  • Contact Adult Protective Services if needed

If a bank refuses the POA:

  • Ask for the reason in writing
  • Show them the California statute (Probate Code § 4540)
  • Escalate to manager/legal department
  • Contact attorney if they continue to refuse

Who to Call if I Have Questions:

  • Attorney: [Name, phone, email]
  • CPA (for tax questions): [Name, phone]
  • Principal (if capable): [Phone number]
  • Family member: [Name, phone]

Key Phone Numbers:

  • Our office: [Number]
  • Bank: [Number]
  • Adult Protective Services: [Number]
  • Police (non-emergency): [Number]

Handout 2: Agent Quick Reference – Health Care Agent

My Role:

  • Make medical decisions if [Principal's name] can't
  • Follow their wishes and values
  • Communicate with doctors and family
  • Protect their dignity and comfort
  • Advocate for their best interests

When I Can Act:

  • When [Principal] can no longer make medical decisions (doctor determines this)
  • My authority includes treatment decisions, end-of-life care, pain management

My Decision-Making Standard:

  1. Do they have written instructions? Follow them exactly.
  2. Do I know what they want? Use what I know from conversations.
  3. If unsure, what's in their best interest? Choose that.

If I'm Acting Now:

Immediately:

  • [ ] Confirm the principal can't make medical decisions
  • [ ] Give the AHCD to healthcare providers
  • [ ] Ask for it to be placed in the medical record
  • [ ] Get the principal's medical history from the doctor

When decisions need to be made:

  • [ ] Ask the doctor to explain the situation
  • [ ] Ask what options exist
  • [ ] Think about the principal's values (not my own)
  • [ ] Make the decision
  • [ ] Explain it to the doctor and family

The Decision-Making Process:

Step 1: Review the AHCD. Are there written instructions about this situation? Step 2: Think about what I know the principal wanted. What would they decide? Step 3: If I'm unsure, choose what's in their best interest (comfort, dignity, least suffering).

Common Decisions You Might Face:

  • Whether to try a new treatment or medication
  • Whether to have surgery
  • Whether to use a feeding tube or ventilator
  • Whether to focus on comfort care instead of life-extension
  • Whether to donate organs (if applicable)

How to Talk to Doctors:

  • "Can you explain what's happening?" [Listen]
  • "What are our options?" [Listen]
  • "What would you recommend?" [Listen]
  • "Here's what [Principal] said they wanted..." [Share AHCD or values]
  • "Based on that, I've decided..." [State your decision]

If Doctor Disagrees with Your Decision:

  • Ask: "Can you explain your concern?"
  • Ask for a second opinion
  • Ask about the hospital ethics committee
  • Contact your attorney if needed
  • Remember: You have the authority, not the doctor

If Family Disagrees with Your Decision:

  • Explain your reasoning: "This is what [Principal] said they wanted."
  • Listen to their perspective
  • Invite them to speak with the doctor
  • Be compassionate but firm
  • Document the decision

Red Flags:

  • Doctor pushing treatment principal doesn't want
  • Family members trying to override the principal's wishes
  • Principal being neglected or in pain
  • Concerns about infection, abuse, or poor care
  • Pressure to make a quick decision without information

If you see a red flag:

  • Speak up immediately
  • Contact the hospital administration or care team
  • Ask for an ethics committee consultation
  • Contact your attorney if you feel unsafe

Who to Call if I Have Questions:

  • Attorney: [Name, phone, email]
  • Principal's doctor: [Name, phone]
  • Hospital chaplain or social worker: [Number]
  • Hospice (if appropriate): [Number]
  • Our office: [Number]

Key Phone Numbers:

  • Our office: [Number]
  • Principal's doctor: [Number]
  • Hospital: [Number]
  • Hospital ethics committee: [Number] (ask how to reach them)
  • Hospice (if needed): [Number]

Handout 3: Conversation Starters – Talking with the Principal Now

For Financial Agents:

"I want to understand more about your finances so I can help if needed. Can we talk about..."

  1. "What bills are most important to you each month? Which ones have to be paid first?"
  2. "Do you have any debts (credit cards, loans, mortgages) I should know about?"
  3. "Where do you keep important financial documents (bank statements, investment statements, insurance info)?"
  4. "Are there any people or causes you want to help or give money to? Any limits on gifts?"
  5. "If you became sick and couldn't manage bills, who should I contact first—your accountant, your bank, family members?"
  6. "Are there any financial relationships that are complicated (business partners, family loans, etc.) that I should understand?"

For Health Care Agents:

"I want to understand your values about health and medical care so I can make decisions you'd want. Can we talk about..."

  1. "What matters most to you in life? What makes life meaningful to you?"
  2. "If you had a serious illness and couldn't recover, what would be important to you? Would you want to try everything, or focus on comfort?"
  3. "How do you feel about living with disability or dependence on others?"
  4. "If you were dying, how would you want to be cared for? At home? In a hospital? With family?"
  5. "Are there any medical treatments you absolutely do not want (machines, feeding tubes, etc.)?"
  6. "What does 'a good death' look like to you?"
  7. "Are there any religious or spiritual beliefs I should know about regarding medical treatment?"

For Any Agent:

"If something happens to me and I can't make decisions, I want you to know..."

  1. "I trust you because [reason]. Please remember that."
  2. "If you're ever unsure what I'd want, please ask [family member] or call [attorney]."
  3. "I want you to be comfortable in this role. Please reach out for help if you need it."
  4. "Thank you for doing this for me."

Handout 4: Scenario Worksheet – Use for Role-Plays or Personal Reflection

Scenario: [Describe the situation]

What I Know:

  • About the principal: [What information do I have?]
  • About the decision: [What decision is needed?]
  • About the principal's wishes: [What did they say/write?]

My Decision-Making Process:

  1. Step 1: Do I have written instructions?

    • [ ] Yes: What do they say? [Write it]
    • [ ] No: Move to Step 2

  2. Step 2: Do I know what the principal would want?

    • [ ] Yes: What would they decide? [Write it]
    • [ ] No: Move to Step 3

  3. Step 3: What's in their best interest?

    • Based on the facts, what would a caring person choose? [Write it]

My Decision: [State clearly]

My Reasoning: [Explain why you decided this way]

Who I Need to Tell: [List family, doctors, etc.]

What I Need to Document: [Conversations, records, etc.]

What I Need Help With: [Any questions or concerns?]

Handout 5: Common Institutions and What They Might Ask

Banks:

  • Valid POA (original or certified copy)
  • May want notarization (standard POA requirement)
  • May want their own form (offer to sign both)
  • Reasonable to ask: account balance, transactions, principal's status

Healthcare Providers:

  • Copy of AHCD
  • May ask: Is principal able to decide? (for confirmation)
  • May want their own form (in addition to AHCD)
  • Reasonable to ask: patient's condition, treatment options, prognosis

Social Security/Government Benefits:

  • POA may not work (government may want specific form)
  • May need: certified copy of POA + government verification
  • May ask: proof of incapacity (medical statement)
  • May require: Representative Payee form (different from POA)

Insurance Companies:

  • May want: POA + request for coverage information
  • May ask: Is principal still living? (confirm)
  • Reasonable: Details about claims, policy information
  • May refuse: Some insurance won't release info to agent without specific authorization

Nursing Homes/Long-Term Care:

  • Both POA and AHCD often needed
  • May ask: admission information, payment method, medical history
  • May want: Specific long-term care authorization (if POA doesn't specify)
  • Ombudsman role: Can help resolve disputes with facility

Employers/Benefits Administration:

  • POA authority may be limited
  • May want: specific form for benefits designation
  • Reasonable to ask: retirement benefits, insurance benefits, final paycheck
  • Succession planning: if principal had deferred comp or benefits

POST-TRAINING FOLLOW-UP

Email Template – Sent After Training

Subject: Thank You for Attending Agent Boot Camp – Next Steps

Dear [Agent Name],

Thank you for attending our Agent Boot Camp training on [Date]. We appreciate you taking the time to prepare for this important role.

What You Received:

  • Booklet: Power of Attorney and AHCD Guide
  • Quick reference sheets for your role
  • Scenario worksheets
  • Contact information

What Happens Next:

  1. This Week: Reach out to [Principal's name] and schedule a conversation about their values and wishes (use the conversation starters provided).

  2. If You're Acting Now: Contact us to discuss your next steps and any immediate questions.

  3. If You're Not Acting Yet: Keep these materials handy. Review the booklet periodically. You're prepared and ready when needed.

  4. Questions: Please reach out. We're here to help.

Contact information:

  • Phone: [Number]
  • Email: [Email]
  • Office hours: [Hours]

Again, thank you for your commitment to [Principal's name]. Your role is important.

Warmly, [Your Name] [Your Law Firm]

Optional: Q&A Follow-Up Session

Format: 30–60 minute virtual session (Zoom or phone) scheduled 2–4 weeks after training

Topics Covered:

  • Questions agents have from their real situations
  • Clarification on any concepts from the training
  • Role-plays or practice conversations if needed
  • Updates on how agents are doing in the role

How to Schedule:

  • Email office to request a follow-up Q&A
  • Provide your questions in advance
  • Can be individual or group session

FACILITATOR NOTES

Tips for Teaching This Material

  1. Use Real Examples: Draw on your own experience in estate planning. Share (anonymously) scenarios you've seen.

  2. Acknowledge Emotions: Making these decisions is hard. Acknowledge the emotional weight. Normalize anxiety and guilt.

  3. Encourage Questions: Make the room safe for questions. Repeat: "There are no stupid questions."

  4. Use Role-Plays: Scenarios come alive when agents practice conversations. Don't skip this; it builds confidence.

  5. Tailor to Your Audience: A room of financial agents will have different concerns than health care agents. Adjust emphasis accordingly.

  6. Share Resources: Have business cards or handouts with local professional contacts (CPAs, elder law attorneys, hospice, etc.).

  7. Record Videos: If you create an on-demand version, record multiple takes to get sections right.

  8. Customize: Add your office name, phone, email, processes. Make this document your own.

  9. Feedback: Ask attendees to complete a brief feedback form. Use this to improve the training.

  10. Follow Up: Send the booklet and handouts electronically if agents want. Build a mailing list for updates or follow-up sessions.

FEEDBACK FORM (Optional)

Agent Boot Camp – Post-Training Feedback

  1. Overall, how helpful was this training?

    • [ ] Very helpful
    • [ ] Somewhat helpful
    • [ ] Not very helpful
    • [ ] Comments: ___

  2. Which topic was most useful?

    • [ ] Understanding my role and duties
    • [ ] Making health care decisions (if applicable)
    • [ ] Managing finances (if applicable)
    • [ ] Working with institutions
    • [ ] Other: ___

  3. Which topic needs more explanation?

    • [ ] My duties as agent
    • [ ] Decision-making process
    • [ ] How to work with banks/doctors
    • [ ] What to do if something goes wrong
    • [ ] Other: ___

  4. The scenarios and role-plays:

    • [ ] Helpful and realistic
    • [ ] Somewhat helpful
    • [ ] Not relevant to my situation
    • [ ] Comments: ___

  5. I feel confident in my role:

    • [ ] Very confident
    • [ ] Somewhat confident
    • [ ] Still unsure
    • [ ] Comments: ___

  6. What would help you feel more prepared?

    • [ ] Follow-up individual consultation
    • [ ] Follow-up Q&A session with others
    • [ ] More detailed written materials
    • [ ] Practice conversations with attorney
    • [ ] Other: ___

  7. Additional comments:

Thank you for your feedback. This helps us improve the training for future agents.

IMPLEMENTATION CHECKLIST FOR YOUR PRACTICE

  • [ ] Customize all materials with your office name, contact info, branding
  • [ ] Schedule your first boot camp (live, recorded, or both)
  • [ ] Decide on format: 90-min workshop, video series, or individual consultations
  • [ ] Create email list of clients and agents for invitations
  • [ ] Record videos if going on-demand route
  • [ ] Print materials and set up distribution process
  • [ ] Train staff on boot camp content (so they can answer follow-up questions)
  • [ ] Set up system for tracking who has attended
  • [ ] Schedule Q&A follow-ups for first cohort
  • [ ] Gather feedback and refine for next offering
  • [ ] Market to existing clients: "Free boot camp for your named agents"
  • [ ] Make attendance standard practice (included with POA/AHCD execution)

End of Agent Boot Camp Curriculum

This material is ready for customization and deployment in your practice. Modify as needed to match your style, audience, and specific California legal requirements.