The Importance of Advance Health Care Directives in Estate Planning

Advance health care directives are essential legal tools that allow individuals to communicate their medical preferences in the event they are unable to make decisions for themselves. For California residents, an advance health care directive not only gives peace of mind but also ensures that one’s medical care aligns with their wishes. This article will explore the importance of an advance health care directive, outline the steps to create one, and discuss its legal implications in California. For help with advance directives and other critical aspects of estate planning in Los Angeles or the San Gabriel Valley, contact Blasser Law to work with an experienced Claremont advance healthcare directive attorney.

What Is an Advance Health Care Directive?

An advance health care directive is a legally binding document that allows you to specify your medical treatment preferences and designate a health care agent to make decisions on your behalf. This document goes beyond a traditional living will by combining elements of a power of attorney with specific medical instructions, ensuring comprehensive control over one’s medical care even if they are incapacitated.

In California, advance health care directives are governed by the Health Care Decisions Law, which brings together over 80 sections of California law on the requirements for creating a valid directive. An advance health care directive covers a range of health-related decisions, including preferences on life-sustaining treatments, resuscitation efforts, and end-of-life care.

Why Is an Advance Health Care Directive Important?

1. Clarity for Medical Providers and Family Members
   An advance health care directive provides explicit instructions to health care providers, ensuring that your medical treatment aligns with your wishes. It also relieves family members of the difficult decision-making process during stressful times by providing clear guidelines on your preferences.

2. Avoiding Unwanted Medical Interventions
   For many individuals, the prospect of aggressive life-sustaining treatments may not align with their beliefs or quality of life preferences. An advance health care directive allows you to refuse unwanted treatments, such as artificial life support, if you so choose.

3. Appointment of a Health Care Agent
   An essential aspect of the directive is appointing a trusted person, known as the health care agent, to make decisions on your behalf. This agent, also known as a health care proxy, will have the authority to advocate for your medical preferences, which can be particularly crucial when you are unable to communicate.

How to Create an Advance Health Care Directive in California

Creating a California-compliant advance health care directive is a relatively straightforward process but requires careful consideration. Here are the primary steps involved:

1. Determine Your Health Care Preferences
   Before drafting the document, it is essential to carefully consider your healthcare preferences. Consider whether you wish to receive life-sustaining treatments, your preferences for pain management, organ donation, and specific wishes related to end-of-life care.

2. Select a Health Care Agent
   Choose a reliable person to act as your health care agent. This individual should be someone who understands your values, can advocate for you, and is willing to make potentially challenging decisions on your behalf. In California, your health care agent must be at least 18 years old and cannot be your healthcare provider unless they are a family member or already legally responsible for your care.

3. Draft the Directive
   California has a statutory advance health care directive form available, but you may also create a custom document. Be sure to include clear instructions for your chosen health care agent and outline specific preferences for medical care. To comply with California law, the directive should cover decisions related to life-sustaining treatments, mental health treatments, organ donation, and other key medical situations.

4. Sign the Directive and Have It Witnessed or Notarized
   In California, the directive must be signed in front of either two witnesses or a notary public. The witnesses cannot be your health care agent, and at least one must not be related to you by blood, marriage, or adoption. Notarization can substitute witnessing if preferred, though either method will make the directive legally binding.

5. Distribute Copies of the Directive
   Once completed, provide copies of the advance health care directive to your health care agent, family members, primary care physician, and any other medical professionals involved in your care. Additionally, keep a copy of the directive with your other estate planning documents.

Legal Implications of an Advance Health Care Directive in California

In California, an advance health care directive carries significant legal authority under the Health Care Decisions Law. Some of the key legal implications include:

• Binding Nature of Instructions
  Healthcare providers in California are required by law to respect the instructions within a legally executed advance health care directive. If the provider cannot, in good faith, comply with the directive, they must transfer you to another facility or practitioner who will honor your wishes.

• Authority of the Health Care Agent
  The health care agent designated in the directive has the legal authority to make health care decisions on your behalf, including the right to accept or refuse medical treatments, access your medical records, and arrange for specific care services. This authority is comprehensive and only limited by the express terms of the directive.

• Revocation and Amendment
  California law allows individuals to revoke or amend their advance health care directive at any time, provided they are mentally competent to do so. This flexibility is beneficial if one’s preferences or circumstances change over time, ensuring the directive remains aligned with their current wishes.

Get Professional Legal Assistance With Advance Healthcare Directives in Los Angeles and the San Gabriel Valley

Creating an advance health care directive can be a challenging part of estate planning, but it’s essential to create a comprehensive estate plan that provides for your future. With the assistance of an experienced estate planning attorney, individuals can get a directive that meets legal requirements and accurately reflects their personal values and health care preferences.

In Los Angeles and the San Gabriel Valley, contact Blasser Law at 877-927-2181 for valuable assistance in creating advance health care directives that meet your needs and goals. With professional guidance, you can ensure that your directive is comprehensive, legally valid, and effectively communicates your wishes to loved ones and medical providers.