Santa Clarita Attorneys, Advance Health Care Directive

Advance Health Care Directive

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You might know this document by the commonly known term: "Living Will" In some states, that is still the term used. It was also known as a Durable Power of Attorney for Health Care. The California Health Care Decisions Law, effective July 1, 2000, consolidated previous advance directives into the new Health Care Directive (AHCD). Advance Health Care Directives allow you to have legal control over your health care treatment in the event that you are unable to speak for yourself. You will name an "agent" to act on your behalf. Therefore, the new modern term for the document in California is an "Advance Health Care Directive."

Any previous advance directive such as a Durable Power of Attorney for Health Care or a Natural Death Act that was valid in California as of July 1, 2000 is still valid. If you completed a Durable Power of Attorney for Health Care before 1992, it has expired. Even if your document is currently effective, it might be a good idea to make sure it still reflects your wishes. Also, under the relatively new privacy laws, you should make sure your document complies with HIPAA laws governing privacy. In my experience, most do not. That means your agent may have a hard time accessing your medical records if necessary.

Laws concerning advance directives vary from state to state. If you have executed an advance directive in another state, you will also want to complete a California AHCD to ensure that you meet California’s legal requirements for stating your health care wishes.

The Advance Health Care Directive allows you to:

1) Appoint a health care agent. The AHCD allows you to appoint a health care agent, who will have the legal authority to make health care decisions for you if you are no longer able to speak for yourself.

2) Prepare instructions for health care. The AHCD allows you to make specific written instructions for your future health care in the event of any situation in which you can no longer speak for yourself. The AHCD replaces the Natural Death Act and is now recognized as the legal format for a living will in the state of California.

In selecting a health care agent, you should choose a person whom you trust, such as a family member, spouse, partner or close friend. The person you choose should know your personal values and beliefs. If possible, you should choose someone who lives in your area in case they are called upon to direct your treatment for an extended period of time. Remember your document will give them guidance, and they will turn to it to learn more about your wishes. You don't want people guessing about your wishes, and you certainly don't want family quarrels.

You should discuss your health care wishes with your agent and be sure he or she understands the responsibilities of a health care agent and is willing to act on your behalf.

The law excludes certain people from acting as your health care agent or alternate agent. Your agent cannot be your supervising health care provider or the operator of a community or residential care facility in which you are receiving assistance. Nor can your agent be an employee in a residential, community or health care facility in which you are receiving care, unless that person is a relative, spouse or co-worker.

You should choose at least one alternate person to act as your agent in case your first choice is unable or unwilling to make health care decisions for you.

The AHCD allows you to give your health care agent as broad or as limited powers as you choose. The powers you can give to your agent include:

The right to select or discharge care providers and institutions;
The right to refuse or consent to treatment;
The right to access medical records; and
The right to withdraw or withhold life-sustaining treatment.
In the case of death, you may also permit or restrict your agent to make organ donations, authorize an autopsy, and direct the disposition of your remains.

Your health care agent begins making decisions for you only when you are no longer able to make decisions for yourself. However, if you choose, you may stipulate in the AHCD to have your health care agent begin making decisions for you immediately. You may revoke a health care agent at any time.

Your agent will not be liable for any of your medical bills, unless that person is already legally responsible for your debts. In the event of death, your health care agent may be responsible for fees concerning the disposition of your body if you have not made other arrangements.

The AHCD does not give your healthcare agent the authority to make financial decisions for you. To give your healthcare agent (or another individual) authority over your financial affairs, you can do so through a separate legal document, such as a Durable Power of Attorney or a Revocable Living Trust.

You are not required to write out your health care instructions, but it is a good idea to do so in case your health care agent is unavailable in an emergency. Your health care instructions will also help to remind your health care agent of your wishes. Both your physicians and your health care agent are obligated by law to follow your health care instructions. Remember that providing your agent with guidance will help prevent family quarrels and in some cases, alleviate the pressure from the agent who may have to "speculate" about your wishes. In a robust Advance Health Care Directive, you will provide your agent (and your family) the guidance and the legal authority they need.

An Advance Health Care Directive allows you to state your wishes about accepting or withholding life-support measures. The AHCD also allows you to specify any additional healthcare instructions you may have. For example, you may specify instructions for the refusal or acceptance of pain medication, antibiotics, respirator or cardiopulmonary resuscitation. In the event of death, you may provide instructions for tissue and/or organ donation.