An advance health care directive is a written document which informs your physician, family, and friends about your medical treatment preferences. You may have heard of living wills and medical powers of attorney – California allows these documents to be combined into a single document known as an advance health care directive. If you become unable to communicate your desires for your treatment, are suffering from a terminal illness, or are unconscious, the advance directive will make your wishes known. It will specify the types of treatment that you want or do not want, including everything from your desire to stay at home rather than a nursing facility, to the insertion of feeding tubes, the use of heart and lung bypass machines, or cardiopulmonary resuscitation. Your advance health care directive can also explain your preferences regarding organ donation and your burial wishes.
An advance health care directive allows you to clearly describe what quality of life it is important for you to maintain, while also ensuring that your loved ones will not have to speculate about your wishes or make stressful medical care decisions for you during what will already be an emotional time. You may wish to discuss your end-of-life decisions with your family and your doctor, or to ask your physician or attorney any questions you may have.
An important part of creating an advance health care directive is selecting an agent, the person who will carry out your wishes as described in the document and will make medical treatment decisions on your behalf. It is usually best to name at least two back up agents in case your first nominated agent is unable to serve. Most times, people choose their spouse or another relative to act as agent. It is also strongly recommended that, in addition to the written document, you have a conversation with your physician and family members about your wishes.
Other things you should know about advance health care directives:
- You should keep a copy of your advance health care directive in a safe place, along with your other estate planning documents (such as your will or trust), and also give a copy to your doctor and your named agent(s).
- Advance health care directives do not expire, they remain in effect until they are changed. However, if you complete a new advance health care directive, it will render the previous directive void.
- Advance health care directives are governed by state law, a directive valid in one state will not necessarily be valid in another state. If you have recently moved or if you spend a considerable amount of time in more than one state, you should complete an advance health care directive for each state in which you spend a significant amount of time.
- Emergency medical personnel cannot honor advance health care directives. Once emergency personnel have been called to your aid, they must do what is necessary to stabilize you for transfer to a hospital, even if the treatment goes against your directive. Only after a physician examines you and fully evaluates your condition can advance directives can be implemented.
- You should review your advance health care directive at least every five years to ensure that it still reflects your wishes. If you want to change anything in an advance directive you should complete a whole new document, rather than crossing out or trying to handwrite a change on the directive, since such changes may not be valid.
If you have any questions or would like assistance in creating or updating an advance health care directive, please call 619-567-4443 today to speak with an estate planning attorney at Suzuki Wuori LLP’s La Mesa office.
