Are you a California resident who has not yet established an Advance Health Care Directive (AHCD)? If so, you need to consider doing so sooner rather than later, not only to protect your loved ones but to protect yourself as well.
Each state provides a default healthcare decision-making process if you fail to plan. This default process comes in a one-size-fits-all approach that may not align with your personal wishes. For many individuals, the state’s default plan may spell disaster!
What Is an Advance Health Care Directive?
An Advance Health Care Directive is a legally binding document that combines a living will and a durable power of attorney for healthcare. It outlines your preferences for medical treatment and designates a healthcare agent to make decisions if you are incapacitated. Unlike some states where these are separate documents, California law consolidates them into one comprehensive directive.
Why Is an AHCD Important?
1. Ensures Your Wishes Are Followed
Without an AHCD, medical professionals may make decisions based on standard protocols rather than your personal wishes. You’ve heard the stories of loved ones being denied the right to visit each other in the hospital. And you’ve also heard about blood relatives stepping in and making healthcare decisions for a gravely ill person when you would rather your long-term partner make those decisions for you. These scenarios can be avoided with advance health care planning.
2. Prevents Family Disputes
Without clear instructions, family members may struggle to make medical decisions on your behalf, leading to disagreements and emotional distress. An AHD eliminates uncertainty and helps loved ones honor your choices with confidence.
3. Appoints a Healthcare Agent You Trust
If you become incapacitated, a court-appointed guardian may be assigned to make medical decisions. With an AHCD, you control who speaks for you, ensuring your healthcare choices align with your values. With an Advance Health Care Directive, you can designate your partner or spouse as your agent to make medical decisions on your behalf. You can also detail your preferences for end-of-life medical decisions.
4. Avoids Costly Legal Battles
Without a directive, families may need to seek court intervention to make medical decisions, which can be costly and time-consuming. An AHCD provides a clear legal framework, reducing the likelihood of legal complications.
How to Create an Advance Health Care Directive in California
Consult an Estate Planning Attorney: While free templates exist, working with a professional ensures your document meets California’s legal requirements.
Discuss Your Wishes with Loved Ones: Open conversations with family members can help them understand your preferences.
Sign and Notarize the Document: While notarization is not always required, it can add an extra layer of legal security.
Share Copies: Provide copies to your healthcare agent, doctor, and attorney to ensure accessibility in emergencies.