What Is an Advance Heath Care Directive?
California law requires that you cannot appoint someone
to make health care decisions for you in a power of
attorney that is for financial matters, usually described
as a
Durable Power of Attorney. California law allows you
to appoint an agent to make health care decisions when
you are no longer able, in a document described as
a Durable Power of Attorney for Health Care Decisions and
provided a form that was approved by the legislature.
California law provided for a separate document that
allowed you to direct your doctor to withdraw life
support
if you were in a coma and near death, by a document
called a Directive to Attending Physician. The law now
provides
that both the Durable Power of Attorney for Health
Care Decisions and the Directive to Attending Physician
will
be combined in one approved document called the Advance
Heath Care Directive. Why
Do I Need an Advance Heath Care Directive?
If you are not
able to make your own health care decisions,
for example, if you are in a coma, or if you have severe
dementia, you cannot give your consent to medical procedures,
such as consenting to surgery or other medical treatment.
Sometimes doctors and hospitals will look to the immediate
family for guidance, but may require medical decisions
to be made by your appointed health care agent or court
appointed conservator before they will act, especially
if there is a conflict among family members. Also,
if the person who you feel should be making the decisions
is not your spouse, such person's wishes and directions
may be ignored unless you appointed them as you health
care agent in an Advance Health Care Directive. No
one
wants to put their loved ones through additional stress
over such matters and does not want them to act contrary
to their wishes. The Advance Heath Care Directive is
a simple and considerate way of allowing your family
to cope with such difficult times.
Serving Fremont, Newark, Union City
and Hayward, California
Disclaimer: The content
of this website has been created by Kisner Law Firm for
general informational and advertising purposes only. No
attorney-client relationship is established between Kisner
Law Firm and any reader who views the contents of this
website. The information provided is only a general statement
of the laws and regulations of California and is not intended
to be, nor does it constitute, legal advice. No one should
rely on the information provided by this website without
first obtaining legal advice from an attorney in their
jurisdiction.
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KISNER
LAW FIRM - ESTATE PLANNING & ELDER LAW ATTORNEYS
