California Advance Healthcare Directives (AHCD)
Your healthcare choices matter. An Advance Healthcare Directive (AHCD) ensures medical professionals and family members follow your wishes if you cannot speak for yourself.
What is a California Advance Healthcare Directive?
California law recognizes the AHCD as the standard legal document for specifying your healthcare preferences. This document combines two key elements: appointing a healthcare agent and stating your medical care instructions.
Your AHCD allows you to:
- Choose who makes medical decisions when you cannot
- Specify your treatment preferences
- Document end-of-life care wishes
- Make organ donation choices
Legal Requirements Under California Law
Qualification Standards
To create a valid AHCD in California, you must:
- Be at least 18 years old or an emancipated minor
- Demonstrate sound mental capacity
- Act without coercion or undue influence
Document Execution
Your AHCD requires either:
- Signatures from two qualified witnesses, or
- Notarization by a California notary public
Choosing Your Healthcare Agent
Your healthcare agent gains significant authority to make medical decisions on your behalf.
Who Cannot Serve
California law prohibits certain individuals from acting as your agent:
- Your healthcare providers
- Employees of your healthcare facility
- Operators of community care facilities
- Staff at residential care facilities
Agent Powers
Your chosen agent can:
- Accept or decline medical treatments
- Choose or change healthcare providers
- Approve or refuse diagnostic tests
- Make decisions about artificial nutrition
- Direct end-of-life care
Medical Treatment Choices
Your AHCD lets you specify detailed healthcare preferences. These instructions guide medical professionals when you cannot communicate your wishes.
Treatment Options
Your directive can address:
- Life-sustaining treatments
- Pain management methods
- Artificial nutrition and hydration
- Organ donation preferences
- End-of-life care choices
Document Requirements
Execution Standards
Two methods exist to make your AHCD legally valid:
Witness Option
- Two adult witnesses must sign
- One witness cannot be related to you
- Neither witness can be your healthcare provider
- Neither witness can work at your healthcare facility
Notary Option
- California notary public verification
- No witness signatures needed
- Recommended for added security
Registration and Storage
Keep copies of your AHCD in these locations:
- Your primary physician’s records
- Your healthcare agent’s files
- Your personal documents
- California Secretary of State registry (optional)
Modification and Updates
Review and update your AHCD when:
- Receiving new medical diagnoses
- Experiencing major life changes
- Moving within California
- Changing healthcare preferences
Working with Bay Legal, PC
Our attorneys help you:
- Create legally sound directives
- Update existing documents
- Ensure proper execution
- Coordinate with healthcare providers
Contact Us
Take control of your healthcare decisions today. Contact Bay Legal, PC at 650-374-7900 to schedule a consultation about your healthcare directive needs. We serve clients throughout California, ensuring your medical wishes are properly documented and legally protected.
FAQs About Healthcare Directives
What happens if I don’t have an AHCD?
Without an AHCD, medical decisions may fall to family members or the courts, potentially leading to disputes and treatments you wouldn’t want.
Can I change my AHCD?
Yes, you can modify or revoke your AHCD at any time as long as you maintain mental capacity.
Does my AHCD work in other states?
While many states honor out-of-state directives, creating a new one when moving ensures compliance with local laws.
How often should I review my AHCD?
Review your directive every few years or after significant life changes, medical diagnoses, or relationship changes.
Contact Bay Legal, PC at 650-374-7900 to schedule your consultation with our experienced healthcare directive attorneys.
Contact Bay Legal