The California Advanced Health Care Directive is a legal document that allows individuals to outline their preferences for medical care in the event they become unable to communicate their wishes. This directive empowers individuals to appoint a trusted person to make healthcare decisions on their behalf, ensuring that their values and desires are respected. Understanding this form is essential for anyone wishing to take control of their healthcare choices and provide guidance to loved ones during challenging times.
In the realm of healthcare, making decisions about your medical treatment in advance can provide peace of mind for both you and your loved ones. The California Advanced Health Care Directive is a crucial tool that allows individuals to outline their preferences regarding medical care and appoint someone to make decisions on their behalf if they become unable to do so. This form encompasses two primary components: the health care power of attorney and the living will. By designating a trusted person as your agent, you ensure that your healthcare choices are respected, even when you cannot communicate them. Additionally, the living will aspect enables you to specify your wishes about life-sustaining treatments, such as resuscitation and artificial nutrition. This directive is not just a legal document; it serves as a guide for your family and healthcare providers, fostering clarity and reducing stress during difficult times. Understanding the importance of this directive can empower individuals to take control of their healthcare decisions, ensuring that their values and preferences are honored when it matters most.
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 care in the event they become unable to communicate their wishes. This directive combines two key components: a power of attorney for health care and a living will. It ensures that a person’s health care decisions are respected and followed, even when they cannot express them directly.
Who can create a California Advanced Health Care Directive?
Any adult who is at least 18 years old and of sound mind can create a California Advanced Health Care Directive. This document is designed for individuals who want to take proactive steps in planning for their medical care, ensuring that their preferences are known and honored in critical situations.
What should I include in my Advanced Health Care Directive?
When completing your directive, consider including specific instructions regarding medical treatments you would or would not want. This might involve decisions about life-sustaining treatments, resuscitation efforts, or organ donation. Additionally, appointing a trusted individual as your health care agent is crucial. This person will be responsible for making medical decisions on your behalf if you are unable to do so.
How do I appoint a health care agent?
To appoint a health care agent, you will need to fill out the designated section of the California Advanced Health Care Directive form. You should choose someone you trust to make health care decisions aligned with your values and wishes. It is advisable to discuss your preferences with this person beforehand, ensuring they understand your desires regarding medical treatment.
Do I need a lawyer to complete my Advanced Health Care Directive?
No, you do not need a lawyer to complete a California Advanced Health Care Directive. The form is designed to be user-friendly and accessible. However, if you have complex medical conditions or specific concerns, consulting with a legal professional or a health care expert may be beneficial to ensure your document accurately reflects your wishes.
Is my Advanced Health Care Directive valid in other states?
While the California Advanced Health Care Directive is valid within California, its recognition in other states can vary. Many states honor directives created in other jurisdictions, but it is important to check the specific laws of the state where you reside or may receive care. If you frequently travel or live in multiple states, consider creating a directive that complies with the laws of each state.
How can I ensure my Advanced Health Care Directive is followed?
To increase the likelihood that your Advanced Health Care Directive is followed, share copies of the document with your health care agent, family members, and medical providers. Discuss your wishes openly with them. Additionally, consider placing a copy in your medical records or with your primary care physician to ensure it is readily accessible when needed.
Can I change or revoke my Advanced Health Care Directive?
Yes, you can change or revoke your California Advanced Health Care Directive at any time. To make changes, you should complete a new directive and ensure that it clearly states your updated wishes. To revoke the directive, you can destroy the document or create a written statement indicating your intent to revoke it. Inform your health care agent and medical providers of any changes to avoid confusion in the future.
Filling out the California Advanced Health Care Directive form is an important step in planning for your future healthcare needs. Here are some key takeaways to keep in mind:
Taking these steps can help ensure that your healthcare wishes are respected and followed when it matters most.
Understanding the California Advanced Health Care Directive is crucial for making informed decisions about your health care. Here are ten common misconceptions about this important document.
This directive is not limited to end-of-life situations. It can guide health care decisions in various circumstances, including serious injuries or illnesses where you may be unable to communicate your wishes.
People of all ages can benefit from having an Advanced Health Care Directive. Accidents and unexpected health issues can happen to anyone, regardless of age.
While it may seem daunting, the form is straightforward. You can fill it out on your own or with the help of a trusted friend or family member.
A notary is not required for the Advanced Health Care Directive to be valid. However, it must be signed by two witnesses or a notary public to ensure its legitimacy.
You can update or revoke your directive at any time. It’s important to review it periodically, especially after major life changes.
The directive can also include your preferences for personal care, such as pain management and comfort measures, not just medical treatments.
It’s essential to communicate your wishes clearly to your family and loved ones. Having a written directive helps avoid confusion and ensures your preferences are honored.
Health care providers are legally obligated to follow the instructions outlined in your Advanced Health Care Directive, as long as it is valid and applicable to your situation.
This directive is relevant in any health care setting, including nursing homes, rehabilitation centers, and even at home if you receive care there.
While a living will is part of an Advanced Health Care Directive, the directive also allows you to appoint a health care agent to make decisions on your behalf.
Clearing up these misconceptions can empower you to take control of your health care decisions. It’s always wise to seek guidance if you have questions or concerns about the process.
ADVANCE HEALTH CARE DIRECTIVE FORM
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Probate Code - PROB
DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. )
CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )
4701. The statutory advance health care directive form is as follows:
ADVANCE HEALTH CARE DIRECTIVE
(California Probate Code Section 4701)
Explanation
You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.
Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. (Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is related to you or is a coworker.)
Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:
(a)Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.
(b)Select or discharge health care providers and institutions.
(c)Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.
(d)Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.
(e)Donate your organs, tissues, and parts, authorize an autopsy, and direct disposition of remains.
Part 2 of this form lets you give specific instructions about any aspect of your health care, whether or not you appoint an agent. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, as well as the provision of pain relief. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes. If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out Part 2 of this form.
Part 3 of this form lets you express an intention to donate your bodily organs, tissues, and parts following your death.
Part 4 of this form lets you designate a physician to have primary responsibility for your health care.
After completing this form, sign and date the form at the end. The form must be signed by two qualified witnesses or acknowledged before a notary public. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.
You have the right to revoke this advance health care directive or replace this form at any time.
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PART 1
POWER OF ATTORNEY FOR HEALTH CARE
(1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me:
(name of individual you choose as agent)
(address)
(city)
(state)
(ZIP Code)
(home phone)
(work phone)
OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent:
(name of individual you choose as first alternate agent)
OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent:
(name of individual you choose as second alternate agent)
(1.2) AGENT'S AUTHORITY: My agent is authorized to make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here:
(Add additional sheets if needed.)
(1.3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I mark the following box.
If I mark this box , my agent's authority to make health care decisions for me takes effect immediately.
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(1.4.) AGENT'S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.
(1.5) AGENT'S POSTDEATH AUTHORITY: My agent is authorized to donate my organs, tissues, and parts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form:
:
(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not wiling, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named, in the order designated.
PART 2
INSTRUCTIONS FOR HEALTH CARE
If you fill out this part of the form, you may strike any wording you do not want.
(2.1) END-OF-LIFE DECISIONS: I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below:
(a) Choice Not to Prolong Life
I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits, OR
(b) Choice to Prolong Life
I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.
(2.2) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort be provided at all times, even if it hastens my death:
(2.3) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that:
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PART 3
DONATION OF ORGANS, TISSUES, AND PARTS AT DEATH
(OPTIONAL)
(3.1)
Upon my death, I give my organs, tissues, and parts (mark box to indicate yes).
By checking the box above, and notwithstanding my choice in Part 2 of this form, I authorize my agent to consent to any temporary medical procedure necessary solely to evaluate and/or maintain my organs, tissues, and/or parts for purposes of donation.
My donation is for the following purposes (strike any of the following you do not want):
(a)Transplant
(b)Therapy
(c)Research
(d)Education
If you want to restrict your donation of an organ, tissue, or part in some way, please state your restriction on the following lines:
If I leave this part blank, it is not a refusal to make a donation. My state-authorized donor registration should be followed, or, if none, my agent may make a donation upon my death. If no agent is named above, I acknowledge that California law permits an authorized individual to make such a decision on my behalf. (To state any limitation, preference, or instruction regarding donation, please use the lines above or in Section 1.5 of this form).
PART 4
PRIMARY PHYSICIAN
(4.1) I designate the following physician as my primary physician:
(name of physician)
(phone)
OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:
PART 5
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(5.1) EFFECT OF COPY: A copy of this form has the same effect as the original.
(5.2) SIGNATURE: Sign and date the form here:
(date)
(sign your name)
(print your name)
(city) (state)
(5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual's identity was proven to me by convincing evidence (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual's health care provider, an employee of the individual's health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly.
First witness
Second witness
(print name)
(city)(state)
(signature of witness)
(5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration:
I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the individual's estate upon his or her death under a will now existing or by operation of law.
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PART 6
SPECIAL WITNESS REQUIREMENT
(6.1) The following statement is required only if you are a patient in a skilled nursing facility--a health care facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. The patient advocate or ombudsman must sign the following statement:
STATEMENT OF PATIENT ADVOCATE OR OMBUDSMAN
I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the Probate Code.
(Amended by Stats. 2018, Ch. 287, Sec. 1. (AB 3211) Effective January 1, 2019.)
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California,
County of
On
before me,
(insert name and title of officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person
(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(SEAL)
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Not Clearly Identifying Your Agent: One of the most common mistakes is failing to clearly identify the person you want to make decisions on your behalf. This can lead to confusion and disputes among family members.
Neglecting to Discuss Your Wishes: It's essential to have an open conversation with your chosen agent about your healthcare preferences. Without this discussion, your agent may not understand your values or desires when the time comes.
Forgetting to Sign and Date the Document: A directive is not valid unless it is signed and dated. Many people overlook this crucial step, rendering the entire document ineffective.
Not Having Witnesses: California law requires that your Advanced Health Care Directive be witnessed by at least two individuals. Failing to have witnesses can invalidate your directive.
Choosing the Wrong Agent: Selecting someone who may not be able to handle the emotional weight of making healthcare decisions can lead to complications. It's important to choose someone who is both capable and willing to take on this responsibility.
Being Vague About Your Preferences: When filling out the form, being specific about your healthcare preferences is crucial. Vague instructions can lead to misunderstandings and decisions that may not align with your wishes.
Failing to Update the Directive: Life changes, and so do your preferences. Not revisiting and updating your directive regularly can lead to outdated instructions that may not reflect your current wishes.
When filling out the California Advanced Health Care Directive form, it's important to approach the process with care. Here are some essential dos and don'ts to keep in mind:
The California Advanced Health Care Directive (AHCD) shares similarities with a Living Will, which outlines an individual's preferences regarding medical treatment in the event they become incapacitated. Like the AHCD, a Living Will allows individuals to specify which life-sustaining treatments they wish to receive or refuse. However, while the AHCD combines both health care preferences and the appointment of a health care agent, a Living Will primarily focuses on the medical treatment aspect, making it a more limited document in scope.
Another document akin to the AHCD is the Durable Power of Attorney for Health Care. This document empowers a designated person to make health care decisions on behalf of someone else when they cannot do so themselves. While the AHCD includes this feature, the Durable Power of Attorney for Health Care may not provide specific instructions regarding medical treatment, making the AHCD a more comprehensive option for those who want to express their wishes clearly.
The Do Not Resuscitate (DNR) order is also similar, as it allows individuals to refuse resuscitation efforts in the event of cardiac arrest. Like the AHCD, a DNR communicates a person's wishes to medical professionals. However, a DNR is limited to specific situations and does not encompass broader health care decisions or preferences regarding other types of medical interventions.
The Medical Orders for Life-Sustaining Treatment (MOLST) form is another document that shares characteristics with the AHCD. The MOLST provides specific medical orders regarding treatment preferences for individuals with serious health conditions. Similar to the AHCD, it aims to ensure that patients receive care aligned with their wishes, but the MOLST is often used in conjunction with other medical documents and is typically completed in a clinical setting.
In addition, the Physician Orders for Life-Sustaining Treatment (POLST) form bears resemblance to the AHCD, as it translates a patient's wishes into actionable medical orders. Both documents serve to communicate a patient's preferences, but the POLST is specifically designed for individuals with serious illnesses and is often used in emergency situations, whereas the AHCD covers a broader range of health care decisions.
The Health Care Proxy is another document that aligns with the AHCD, allowing individuals to appoint someone to make health care decisions on their behalf. While the AHCD includes this aspect, the Health Care Proxy may not detail specific treatment preferences. The AHCD thus provides a more comprehensive framework, combining both the appointment of a decision-maker and the articulation of treatment wishes.
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Lastly, the Advance Directive for Mental Health Treatment is similar in that it allows individuals to express their preferences regarding mental health care. Like the AHCD, this document enables individuals to outline their wishes should they become unable to make decisions about their mental health treatment. However, the focus on mental health distinguishes it from the AHCD, which encompasses a wider array of health care decisions beyond mental health considerations.