What is a California Advanced Health Care Directive?
The California Advanced Health Care Directive is a legal document that allows individuals to outline their preferences for medical treatment in the event that they become unable to communicate their wishes. It combines both a power of attorney for health care and a living will, giving you the ability to appoint someone to make medical decisions on your behalf and specify your treatment preferences.
Who can create an Advanced Health Care Directive?
Any adult who is at least 18 years old and of sound mind can create an Advanced Health Care Directive in California. This document is particularly important for individuals who wish to ensure their health care wishes are respected in case of serious illness or incapacitation.
What should I include in my Advanced Health Care Directive?
You should include your preferences regarding medical treatments, such as life-sustaining measures, pain management, and organ donation. Additionally, you can designate a health care agent—someone you trust to make decisions on your behalf if you cannot do so. It is important to communicate your wishes clearly to avoid confusion later.
How do I appoint a health care agent?
To appoint a health care agent, you will need to fill out the appropriate section of the Advanced Health Care Directive form. You should choose someone who understands your values and wishes regarding medical treatment. It is advisable to discuss your decision with this person before naming them as your agent.
Is it necessary to have my Advanced Health Care Directive notarized?
No, notarization is not required for an Advanced Health Care Directive in California. However, you must sign the document in the presence of either two witnesses or a notary public. The witnesses cannot be your health care provider or anyone who stands to gain financially from your death.
Can I change or revoke my Advanced Health Care Directive?
Yes, you have the right to change or revoke your Advanced Health Care Directive at any time. To do so, you should create a new directive that explicitly states your updated wishes or provide a written notice of revocation. It is important to inform your health care agent and any medical providers of any changes you make.
Where should I keep my Advanced Health Care Directive?
Keep your Advanced Health Care Directive in a safe but accessible place. It is a good idea to provide copies to your health care agent, family members, and primary care physician. You may also want to carry a card in your wallet indicating that you have an Advanced Health Care Directive and where it can be found.
What happens if I do not have an Advanced Health Care Directive?
If you do not have an Advanced Health Care Directive and become unable to communicate your wishes, medical decisions will be made by your family members or a court may appoint a guardian. This can lead to disagreements among family members and may not reflect your personal preferences.
Can I use a standard form for my Advanced Health Care Directive?
Yes, California provides a standard form for the Advanced Health Care Directive, which can be found online or at various legal offices. While you can create your own document, using the standard form ensures that all necessary legal requirements are met, making it easier for health care providers to understand your wishes.