A California advanced health directive acts as an important part of an estate plan. It’s often used as a stand-alone document, too. If you’ve been hospitalized in California, then you were probably asked if you had an advanced health directive. If you said, you may have even been asked if you’d like to create one.
What Exactly Is a California Advanced Health Directive?
A California advanced health directive is a document that is completed by someone who is over the age of 18 years. It directs medical professionals as to who can make decisions on their behalf if the named individual can no longer make those decisions on their own. The document must comply with California Probate Code Section 4700 and 4701.
What Does an Advanced Health Directive Do?
The document gives someone you name within it the power to do the following if you become unable to make these decisions on your own:
- Consent or refuse medical care, treatment, or diagnosis for you in regards to any physical or mental issue you may have or develop
- Choose healthcare facilities or doctors, mental care facilities, nursing homes, or other care facilities on your behalf
- Have you discharged from healthcare facilities, mental care facilities, nursing homes, or other care facilities
- Determine whether artificial nutrition or life support should be used or removed
- Determine whether your organs are donated
- Authorize an autopsy
- Plan your burial, funeral, or cremation
As you can see, that’s a lot of power. It certainly highlights the importance of choosing someone that you can trust and who will honor your wishes and make the right decisions on your behalf. However, you have the right to limit what your agent can and cannot do.
Finding a State Specific Advanced Health Directive
An advanced health directive is used in every state, but sometimes it has a different name. It’s important to know that every state has their own laws related to estate planning (including the power that an agent is given and how this form must be completed and executed). Because of this, you must make sure that you have a document that is made specifically for California residents. The Office of the Attorney General has a free PDF for an advanced health directive that you can complete, print, and execute. Just make sure that you follow all of the instructions, including witnessing.
Remember to Change Your Agent When Necessary
Life changes fast. Marriages happen. Divorces happen. Death happens. People move away. People change their minds about whether they think they can uphold this sort of agreement even if they love you. You should make a point to review your California advanced health directive on a regular basis and ensure that you have the right agent named to honor your decisions.