LDA Document Services

Advance Health Care Directive

in California

An Advance Health Care Directive is a legal document that allows you to state your health care preferences and name someone you trust to make medical decisions for you if you become unable to communicate or make those decisions yourself.

The directive can help your physicians, family members, and designated health care agent understand the treatment you would—or would not—want. It gives you an opportunity to consider your wishes in advance, while you are healthy and able to make informed choices.

An Advance Health Care Directive may address matters such as:

• The person authorized to make health care decisions for you

• Medical treatments you wish to accept or decline

• End-of-life care preferences

• Organ and tissue donation

• The designation of your primary physician

The directive applies to health care decisions only. It does not authorize anyone to manage your finances, property, or other nonmedical matters.

LDA Document Services can prepare an Advance Health Care Directive as part of your California estate-planning documents, based on the information and choices you provide. Preparing the document before an illness, accident, or medical crisis occurs can help ensure that your wishes are clearly stated and available when they are needed most.

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Why an Advance Health Care Directive Matters

A serious illness or unexpected accident could leave you temporarily or permanently unable to communicate. Without written instructions, family members may be required to make difficult medical decisions without knowing what you would have wanted.

A properly prepared Advance Health Care Directive can:

• Give your health care agent clear authority to act

• Help your medical providers understand your preferences

• Reduce uncertainty and disagreements among family members

• Relieve loved ones from having to make major decisions without guidance

• Provide peace of mind for you and the people closest to you

Advance directives are not only for older adults or people facing a serious illness. Any competent adult can benefit from planning for the possibility of an unexpected medical emergency.

 

Your Right to Make Health Care Decisions

California law allows you to provide instructions regarding your own health care and to appoint another person—often called a health care agent—to make decisions for you if you are unable to do so.

You may choose to complete all or only part of an Advance Health Care Directive. You may also revise or revoke your directive, subject to applicable law, while you remain capable of making your own health care decisions.

The term “advance directive” may refer generally to several types of health care planning documents. In California, the Advance Health Care Directive commonly combines:

• Instructions concerning medical care

• Appointment of a health care decision-maker

• End-of-life treatment preferences

• Organ-donation instructions

• Designation of a primary physician

 

The Patient Self-Determination Act

The federal Patient Self-Determination Act of 1990 requires certain health care organizations that participate in Medicare or Medicaid to inform patients of their rights under state law to make decisions regarding medical care and advance directives.

Covered organizations may include hospitals, skilled nursing facilities, home health agencies, hospice providers, and certain health maintenance organizations. These providers generally must:

• Inform patients of their rights concerning health care decisions

• Ask whether a patient has an advance directive

• Document the existence of the directive in the patient’s medical record

• Follow applicable policies and legal requirements concerning advance directives

• Avoid discriminating against patients based on whether they have completed one

Although a health care provider generally cannot require you to complete an advance directive as a condition of receiving care, preparing one can make your wishes easier to identify and follow.

 

Preparing Your California Advance Health Care Directive

You are not required to hire an attorney to prepare an Advance Health Care Directive. However, the document must be completed and executed properly to help ensure that it reflects your instructions and can be used when needed.

LDA Document Services provides professional legal document preparation for self-represented individuals. We prepare documents at your direction and do not provide legal advice or select legal options for you.

Taking the time to prepare your directive now can help protect your choices, guide your medical providers, and reduce the emotional burden placed on your loved ones during a medical crisis.

 

Get Help Preparing Your Advance Health Care Directive

For assistance preparing an Advance Health Care Directive in California, contact LDA Document Services. We can help you complete the appropriate documents accurately and efficiently based on the information and decisions you provide.