Advance Health Care Directives in California

An Advance Health Care Directive (AHCD) is a vital legal document that allows you to state your wishes regarding medical treatment and to appoint someone you trust (an "agent") to make healthcare decisions for you if you become unable to make or communicate them yourself. It essentially combines the functions of what used to be separate documents: a "living will" (stating treatment preferences) and a "durable power of attorney for health care" (appointing an agent).

This page provides general information about Advance Health Care Directives in California. It is not legal advice. Healthcare decisions are deeply personal, and legal requirements must be met. Consulting with a qualified California estate planning attorney is the best way to create a directive that accurately reflects your values and is legally sound.

Why Have an Advance Health Care Directive?

Having an AHCD provides numerous benefits:

• Ensures Your Wishes Are Followed regarding medical treatments.
• Appoints a Trusted Decision-Maker (your agent) to advocate for you.
• Reduces Burden on Loved Ones from guessing your wishes.
• Avoids Family Disputes about your care.
• Prevents Need for Court Conservatorship for medical decisions.

Key Components of an AHCD

A California Advance Health Care Directive typically includes:

1. Appointment of a Health Care Agent: Naming the person (and alternates).
2. Instructions for Health Care: Specific wishes on life support, pain relief, organ donation, etc.
3. Signatures: Must be properly signed and either notarized or witnessed by two qualified individuals.

Choosing Your Health Care Agent

Select someone who:

• Knows you well and understands your values.
• Is willing and able to act as your advocate.
• Can communicate effectively with doctors.
• Is generally available and accepts the responsibility.

It's crucial to discuss your wishes thoroughly with your chosen agent(s).

Relation to Other Documents

• Durable Power of Attorney for Finances: Controls financial matters; AHCD controls healthcare.
• Will/Trust: Control property after death; AHCD controls healthcare during life/incapacity.