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 What is an Advance Health Care Directive?
In California, the law gives every person the ability to determine their health care wishes and ensure that those wishes will be carried out if for any reason you are unable to speak for yourself.
The best way to carry out these wishes is by filling out an Advance Health Care Directive (AHCD). The AHCD has replaced the durable power of attorney for health care as the legally recognized document for appointing a health care agent in California.
When you designate another person to act as your health care agent, they will have legal authority to make decisions about your medical care in the event you are unable to do so yourself. The AHCD also allows you to explicitly express your health care wishes. For example, you may or may not wish to have cardiopulmonary resuscitation, surgery or any extraordinary means taken to prolong your life. You may or may not choose to donate your organs. If you express specific wishes, your agent and your physician are bound to follow your lawful instructions.
The form itself is fairly straightforward. It is not necessary to hire an attorney to execute this form. The AHCD can be completed in a short time and should be part of any type of future life planning. Regardless of age, it is something everyone should take the time to think about. Early planning will also help your family to avoid guessing what your wishes are at an emotional and certainly stressful time.
How to Find & Complete the Advance Health Care Directive
First, you will want to obtain the Advance Health Care Directive Kit. Make sure to thoroughly read it. You can find one on the California Medical Association's website: www.cmanet.org. Chain-Younger also provides the AHCD in English and Spanish free of charge at our offices.
Before you make any decisions about your future health care, it is imperative that you also take the time to discuss the AHCD with your family and physician(s). This will give you a chance to contemplate as many considerations as possible when making a decision of this type. Meeting with your physician will help clarify what types of options are available in terminal or incapacitating scenarios, such as major stroke, heart attack, aneurysm, etc.
When you are ready to complete the form, carefully specify in the AHCD exactly what you want when you are unable to express yourself adequately, be it a terminal situation, or when your chances of being restored to a functioning state are small (e.g., after a massive stroke). Be sure your designated Agent for Health Care fully understands your intent.
You will also want to be certain if you or any of your family members must go to a hospital, for even the most trivial treatment, that you/they always take a copy of the AHCD with you and show it to the hospital admissions or ER person.
For more information on the Advance Health Care Directive visit the California Medical Association's Website at http://www.cmanet.org/publicdoc.cfm/7
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