california law firm
california advance health care directives

California Advance Health Care Directives: Your Medical Decisions

In California, you have the right to control your future medical care through a California Advance Health Care Directive (AHCD). This legal document ensures your healthcare preferences are respected, even if you’re unable to communicate them yourself.

What Is a California Advance Health Care Directive?

A California Advance Health Care Directive (AHCD) is a legal document that allows you to outline your medical care preferences and designate someone to make healthcare decisions on your behalf. This ensures your wishes are honored during critical moments.

How to Create a California Advance Health Care Directive

Creating an AHCD involves completing a standardized form with two key parts:

  1. Power of Attorney for Health Care: This section lets you name a trusted individual (your health care agent) to make decisions for you if you’re incapacitated.
  2. Individual Health Care Instructions: Here, you can detail your specific wishes regarding medical treatments, end-of-life care, organ donation, and more.

Steps to Make Your AHCD Legally Valid

  • Signatures: You need two qualified adult witnesses or a notary public to validate the document. At least one witness must not be related to you or mentioned in your will.
  • Registration: While optional, you can register your AHCD with the California Secretary of State for a $10 fee to ensure easy access by healthcare providers.

Key Decisions to Include in Your AHCD

  • Organ donation preferences
  • Your choice of primary physician
  • End-of-life care instructions
  • Specific medical treatments to accept or decline

Why You Need a California Advance Health Care Directive

Having an AHCD offers numerous benefits:

  • Maintain Control: Your preferences guide your medical care, even if you’re incapacitated.
  • Avoid Family Conflicts: Clear instructions reduce disputes among loved ones.
  • Prevent Unwanted Treatments: Ensure procedures align with your values.
  • Comply with the Law: Under the Patient Self-Determination Act, medical facilities must follow your directive and make it part of your records.

To complete an AHCD in California, you must:

  • Be at least 18 years old
  • Be mentally competent
  • Be a California resident

Your AHCD must include:

  • Your signature and the date
  • Signatures from two witnesses or notarization
  • Specific instructions for your healthcare preferences

Active military members may follow federal guidelines for advance directives.

What Happens Without an AHCD?

If you don’t prepare an AHCD, medical decisions may not align with your wishes. Healthcare providers might rely on professional judgment or defer to your next of kin. This can lead to:

  • Unwanted life-sustaining treatments
  • Disagreements among family members
  • Extended hospital stays
  • Medical care that conflicts with your values

How to Ensure Your AHCD Is Followed

To make sure your AHCD is honored:

  • Share Copies: Provide copies to your primary care physician, your chosen health care agent, family members, and local hospitals.
  • Store Safely: Keep the original document in a secure, accessible location.
  • Advocate for Your Wishes: If a provider refuses to follow your directive, seek legal counsel or request a transfer to a compliant facility.

Regularly review and update your AHCD to reflect any changes in your health or preferences. Discuss your wishes in detail with your health care agent, covering:

  • Religious or spiritual beliefs
  • Preferences for pain management
  • Feelings about life-support measures
  • Organ donation choices
  • End-of-life care instructions

Take Action: Protect Your Rights and Wishes

Creating a California Advance Health Care Directive ensures your medical care reflects your values, even in unforeseen circumstances. Discuss your options with loved ones, document your preferences clearly, and review your directive regularly.

Need assistance preparing your AHCD? Schedule a consultation with Bay Legal, PC, today to ensure your healthcare wishes are legally protected. Book your consultation here.

Contact Bay Legal