Change text size: A A
Advanced Health Care Directives
As promised, earlier this year we have already addressed Medicare, Care-Giving, Care Managers, and Financial Durable Powers of Attorney. Now, let's talk about Durable Power of Attorney for Health Care Decisions, as another tool to have in place in a time of crisis.
There is a separate code section in the law that provides for appointing an agent to make your healthcare decisions for you. These powers are durable in the same sense as the durable financial powers: They continue beyond incompetency. Indeed, they are almost exclusively used for situations where the patient cannot decide for himself what is the best course.
In July of 2001, the Uniform Health Care Decisions Act went into effect. It codified the Advance Health Care Directive (CA Probate Code Section 4701). In simple layman's terms, this allows a person to select someone or to directly instruct a physician or health care provider to carry out their wishes regarding the type and extent of care to be given if he or she cannot make decisions or communicate them.
An agent acts for the principal. You may chose a primary agent and you may choose an alternate agent to act for you if the primary agent is not available or willing to make health care decisions for you. You may also specify an expiration date if you so choose.
Health care instructions can specify what type of care the signer wants as well as the choice to limit care. The types of decisions include:
- Health care instructions can specify what type of care the signer wants as well as the choice to limit care. The types of decisions include:
- Prolonging life
- Life sustaining treatment
- Organ donation
- Autopsy
In order for an Advance Health Care Directive to be valid and binding.
- It must be signed and dated by the patient him/herself, or at his/her direction.
- And either witnessed by two adults or notarized.
- Notarization is preferred
Advanced health directives may be revoked by executing a subsequent document. It is very important to make sure that copies of the signed and witnessed or notarized Health Directive are available to be provided to the treating physician or health provider, at the time the patient is in need of medical care. You should therefore have copies on file with your treating physician or health care provider when that is feasible. You should communicate with the person that you choose as an agent so that they are aware of your wishes and have a copy of your Health Power of Attorney to provide on your behalf when you are unable to do so. New Advance Health Care Directive Kits include a wallet ID care with the health care directive.
There are real answers and real options for anyone and any family, regardless of the size of their estate.
We, at NHS, want you to be an informed consumer and will do our best to give you the information that will, in turn, empower you to make the right choices for your family.
Call us for assistance - (800) 773-6467.
Send your questions to Ask the Experts.
