PART 1 OF 4: What an Advance Healthcare Directive Is and Why It Matters

The document that speaks for you when you cannot speak for yourself.

An advance healthcare directive is one of the most important legal documents a California adult can execute, yet many people either delay preparing one or misunderstand what it does. It allows you to shape your medical care in circumstances where you are unable to communicate your wishes, and it spares your family the burden of guessing. This article explains what the document is and what it accomplishes.

The two functions of a directive

California's advance healthcare directive combines two distinct tools into a single document:

• A power of attorney for health care, which names an agent to make medical decisions on your behalf if you lose capacity.

• Individual health care instructions, which express your own wishes about the treatment you would or would not want.

When it takes effect

A directive generally becomes operative when your primary physician determines you lack the capacity to make your own healthcare decisions. Until that point, you continue to make your own decisions. You may also specify that your agent's authority begins immediately if you prefer, though most people tie it to incapacity.

What it covers

The scope is broad. A directive can address consent to or refusal of treatment, selection of physicians and facilities, decisions about life-sustaining treatment, pain relief, and, if you choose, instructions regarding organ donation and the disposition of remains. You decide how specific or how general to be.

Why it matters

Without a directive, decisions may fall to family members who disagree, or to a court-appointed conservator through a process that is slow, public, and expensive. A directive avoids that uncertainty, gives your agent clear authority that providers can rely on, and ensures the person you trust is the one making decisions.

Who should have one

Every adult in California should consider executing a directive. As most of us know, serious illness and injury are not limited by age, and the document matters most in circumstances no one anticipates. Adults with specific health conditions, those undergoing significant procedures, and those who want someone other than a default family member to decide have particular reason to plan expeditiously.

How West Coast Health Law Can Help

We help California individuals and families prepare advance healthcare directives that reflect their wishes clearly and take effect when needed.

West Coast Health Law offers a FREE consultation which you may schedule by clicking the button on our website.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws change and every situation is different; consult a qualified attorney about your specific circumstances.