Planning for your future includes making important decisions about your healthcare. A California Advance Health Care Directive, sometimes called a living will, is a crucial document in your California Estate Plan. It ensures your medical wishes are respected if you become incapacitated.
As a vital component of estate planning, a California Advance Health Care Directive gives you control over your healthcare decisions, even when you can't directly communicate them.
Concerned about yours or a loved one's future health planning? Contact Amichai Law online or at (619) 356-0517 for a free, confidential case evaluation with an experienced California estate planning lawyer.
What Exactly is a California Advance Health Care Directive?
A California Advance Health Care Directive is a legal document that empowers you to choose who will make medical decisions on your behalf (your "health care agent") if you become incapacitated. This document also outlines your preferences for medical treatment and end-of-life care, ensuring your wishes are followed. It’s a key element of responsible California Estate Planning.
When Does a California Advance Health Care Directive Take Effect?
Typically, a California Advance Health Care Directive becomes effective when you are deemed incapacitated. This usually involves an evaluation by one or two doctors who determine that you are unable to take care of yourself or others. Once incapacity is determined, your designated health care agent can step in to act on your behalf. This underscores the importance of including an Advance Health Care Directive in your overall estate plan.
Why Do You Need a California Advance Health Care Directive, Even When Healthy?
Planning for the unexpected is a cornerstone of sound estate planning. You might be healthy now, but unforeseen circumstances can change that. Without a California Advance Health Care Directive, important medical decisions might be made by someone you do not trust or someone who doesn't know your values or wishes. Creating this document now ensures that your voice is heard, protecting your right to make your own healthcare choices as part of a carefully considered California estate plan.
HIPAA Authorization and Your California Advance Health Care Directive
Your California Advance Health Care Directive names your health care agent. However, to access your medical information and make informed decisions, your agent also needs a HIPAA authorization. HIPAA is a federal law protecting your health information. Including a HIPAA authorization in your Advance Health Care Directive allows your agent to access your medical records and communicate with your healthcare providers, ensuring they have the necessary information to honor your wishes. Without it, they are not allowed to have this information.
What are Some of the Preferences that a California Advance Health Care Directive Can Include?
- Who do you wish to be your Health Care Agents? You can nominate a single person or two people together as Co-Health Care Agents if you wish. You can also list multiple people in your preferred order.
- When will the Health Care Agents power become effective? Although most people have their Health Care Agent’s authority under their California Advance Health Care Directive become effective upon their incapacity, some choose for the power to become effective immediately (See California Probate Code Section 4682).
- Do you wish to donate your organs upon your passing? While most people answer this with a simple yes or no, you can also specify if there are some organs you permit/forbid from being donated.
- Do you wish to be buried or cremated?
- Do you have a preferred or prepaid burial plot?
- Do you have any specific instructions regarding your ashes?
- Do you have any preferred funeral or memorial service arrangements? Do you have any wishes as to how you would be preferred to be sent off?
- Do you wish to allow your Health Care Agents to authorize an autopsy after your passing, if they thought one was needed?
- If you are in a coma or vegetative state, and the doctors do not think you are ever going to recover, do you wish to be kept on life support for as long as possible?
- If you become incapacitated or just unable to communicate clearly, are there any specific locations that you wish to spend time at (parks, museums) are there people whose company you would prefer (grandchildren, priest, rabbi, friends)?
- Appointment of Conservator-of-Person: Appointing your preferred Conservator-of-Person through your Advance Health Care Directive while you still have the ability to do so is crucial. If you become incapacitated without this designation, the court (not you or your family) will decide who your conservator-of-person will be.
Why Choose Amichai Law To Create Your California Advance Health Care Directive?
Virtual and Weekend Meeting Availability
We understand that while creating your California Estate Plan and Advance Health Care Directive is important to you, it can be very hard to find the time to take care of it along with everything else you have going on. We offer virtual meetings and even Sunday appointments to fit your busy schedule.
Experienced Drafting of California Advance Health Care Directives
There are many important considerations when drafting an Advanced Health Care Directive an attorney well versed in California Estate Planning can help with.
Amichai Law is experienced in drafting comprehensive California Estate Plans, including California Advance Health Care Directive documents.
We'll help you make the right decisions for your unique circumstances. Key considerations we'll discuss during a confidential consultation include:
- Who should be your Health Care Agents? This is a very important question as your Health Care Agent will have authority to make some decisions on your behalf and you want to make sure that they can think under pressure and that you trust them to uphold your written choices in your Advance Health Care Directive.
- What is the preferred order of Health Care Agents?
- What are your medical and last wishes?
- What specific decisions are you leaving up to your Health Care Agents?
- Is your Advance Health Care Directive a stand-alone document, or is it part of a larger California Estate Plan?
Clear Communication
At Amichai Law, we provide premium legal services and exceptional communication, charging a flat fee so our clients never worry about being "on the clock."
California Advanced Healthcare Directive FAQs
What happens if I don’t have a California Advance Health Care Directive?
Without an Advance Health Care Directive, critical medical decisions may fall to someone unfamiliar with your wishes. In California, this can lead to court intervention, delaying decisions and adding stress. A legal professional can help you avoid this by ensuring your directive is in place and comprehensive.
Can I change my California Advance Health Care Directive after it’s created?
Yes, you can update your directive as long as you are mentally competent. Life changes, and a legal professional can guide you through revising your document to reflect your current wishes and circumstances.
Are there specific California laws that affect Advance Health Care Directives?
California law, including Probate Code Section 4682, allows you to decide when your health care agent’s authority begins. A legal professional ensures your directive complies with these laws and includes essential elements like HIPAA authorizations.
What is the role of a conservator in California if I don’t appoint one?
If you don’t designate a Conservator-of-Person, the court will appoint one for you, which may not align with your preferences. Legal professionals can help you include this designation in your directive, giving you control over this important decision.
How does a HIPAA authorization work with my Advance Health Care Directive?
A HIPAA authorization ensures your health care agent can access your medical records to make informed decisions. Legal professionals can incorporate this into your directive, ensuring your agent has the tools needed to honor your wishes.
What is the Process of Creating Your California Durable Power of Attorney with Amichai Law?
- Free Consultation: Determine if we are a good fit for you
- Questionnaire: After the onboarding process, we will send you a brief document to give us the basic estate planning information needed.
- Document Drafting and Review: Your new documents will be drafted in a timely fashion for your review by an attorney that will be able to answer any questions you may have.
- Signature Meeting Once we have confirmed that the document meets all your values, wishes and requirements we will schedule a time for signatures.
- Future Changes: Life happens. This means that certain circumstances may cause you to want to change your California Advance Health Care Directive. Amichai Law is always one email or phone call away if you wish to discuss any changes with our firm.
Protect yourself, and your family's well-being by creating a California Advance Health Care Directive today. Fill out our Contact Page to get started. If you wish to discuss creating a comprehensive California Estate Plan, we’re here to assist you at (619) 356-0517.