This post targets Californians specifically. If you have Advance Health Directives or your loved one executed in another state, you may want to also complete a California AHCD to ensure that you meet California’s legal requirements.
What is the Advanced Health Care Directive?(AHCD)
The AHCD allows you to do the following:
- Appoint a health care agent – also known as the Durable Power of Attorney, or Attorney-in-fact. They have the legal authority to make health care decisions on your behalf, if you are not longer able to make decisions on your own.
- Prepare Instructions for Health Care – You can write specific written instructions for your future health care in the event of any situation where you can no longer speak for yourself.
Who to choose as a health care agent
Obviously, this should be someone whom you trust, such as a spouse or other relative. There are restrictions, the agent CANNOT be:
- Your supervising health care provider
- Operator of a community or residential care facility
- An employee of a residential, community or health care facility ,unless that person is a relative, spouse or co-worker.
- You can choose someone else, if the first agent is unwilling or unable to make health care decisions for you
How much power to give to the health care agent?
You or your loved one is in control over how much power to give. Some of these include:
- The right to select of discharge care providers or institutions
- The right to refuse/consent treatment
- Access medical records
- Withdraw or withhold life-sustaining treatment
- Upon death, you can permit/restrict organ donations, authorize an autopsy, and direct the disposition of your remains
Medical Bills
Your agent is not liable for any of your medical bills, unless they are legally responsible for your debts. However, they may be responsible for fees regarding the burial/cremation of your body if you have not made other arrangements.
Power over Finances
What the AHCD does not do is give your health care agent the authority to make financial decisions on your behalf, that is the Durable Power of Attorney.
Health care Instructions
You do not need to write out your health care instructions, but it’s a good idea in case your agent is unavailable in an emergency. It’s also a good reminder for your agent.You can find different standard forms or write one yourself. Usually, they specify instructions on medication,respirators, etc. In the event of an emergency, personnel may not be aware of your health care instructions. You may not want to be resuscitated.
If you have additional instructions that will not fit in the standard form that you receive, you can attach additional sheets. Be sure to sign and date each sheet and have them notarized.
Choosing a Primary Care Physician
You are allowed to choose a Primary Care Physician with the AHCD.
Age Requirements
Any California resident who is at least 18 years old and mentally competent can execute an AHCD. 2 qualified witnesses (same requirements as health care agent)or a notary public can sign the AHCD. No attorney is required.
What to do with a completed form
Here are a few suggestions:
- The form should include your name, signature, date executed and signature of witnesses or notary public.
- Keep original copy in a place where family and friends can locate it
- Give copies to: primary doctor, all agents, family members and health care facilities where you are receiving care.
- Put a card or note in wallet or purse stating that you have an AHCD
- If you spend extended time in another state, you should complete advance directives there using that state’s forms and rules.
- Bring copies to an institution or facility where you are being treated.
Where to get forms
You can make your own, but may find it easier to just get standardized forms. You can order a standardized AHCD kit for around $5.00 from the California Medical Association at 800-882-1262 or order from their website.
*credit: SCRC
