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The California Advanced Health Care Directive form is a vital document that empowers individuals to make their healthcare preferences known in advance. It allows you to designate a trusted person, often referred to as a healthcare agent, to make medical decisions on your behalf if you become unable to communicate your wishes. This form also provides a space to outline specific treatment preferences, ensuring that your values and desires are respected in critical situations. By addressing both the appointment of a healthcare agent and the expression of your medical treatment preferences, the directive serves as a comprehensive guide for healthcare providers and loved ones alike. Understanding and completing this form can bring peace of mind, knowing that your healthcare choices will be honored, even when you cannot voice them yourself.

Common mistakes

  1. Not Completing All Sections: Many individuals leave sections blank. Each part of the form is important for ensuring that wishes are clearly stated.

  2. Failing to Sign and Date: Some forget to sign or date the form. Without a signature, the directive may not be considered valid.

  3. Choosing an Inappropriate Agent: Selecting someone who may not understand or respect your wishes can lead to complications. It’s crucial to choose an agent who is trustworthy and knowledgeable about your preferences.

  4. Not Discussing Wishes with Family: Failing to communicate your choices with family members can create confusion. It's beneficial to have open conversations about your health care preferences.

  5. Ignoring State-Specific Requirements: Some people overlook the specific rules for California. Understanding local laws ensures that the directive is legally binding.

Example - California Advanced Health Care Directive Form

ADVANCE HEALTH CARE DIRECTIVE FORM

 

PAGE 1 of 7

 

 

 

 

 

 

 

 

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Probate Code - PROB

DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. )

CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

4701. The statutory advance health care directive form is as follows:

ADVANCE HEALTH CARE DIRECTIVE

(California Probate Code Section 4701)

Explanation

You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.

Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. (Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is related to you or is a coworker.)

Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:

(a)Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.

(b)Select or discharge health care providers and institutions.

(c)Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.

(d)Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.

(e)Donate your organs, tissues, and parts, authorize an autopsy, and direct disposition of remains.

Part 2 of this form lets you give specific instructions about any aspect of your health care, whether or not you appoint an agent. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, as well as the provision of pain relief. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes. If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out Part 2 of this form.

Part 3 of this form lets you express an intention to donate your bodily organs, tissues, and parts following your death.

Part 4 of this form lets you designate a physician to have primary responsibility for your health care.

After completing this form, sign and date the form at the end. The form must be signed by two qualified witnesses or acknowledged before a notary public. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.

You have the right to revoke this advance health care directive or replace this form at any time.

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 2 of 7

PART 1

POWER OF ATTORNEY FOR HEALTH CARE

(1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me:

(name of individual you choose as agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work phone)

 

 

OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent:

(name of individual you choose as first alternate agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work phone)

 

 

OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent:

(name of individual you choose as second alternate agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work phone)

 

 

(1.2) AGENT'S AUTHORITY: My agent is authorized to make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here:

(Add additional sheets if needed.)

(1.3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I mark the following box.

If I mark this box , my agent's authority to make health care decisions for me takes effect immediately.

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 3 of 7

(1.4.) AGENT'S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.

(1.5) AGENT'S POSTDEATH AUTHORITY: My agent is authorized to donate my organs, tissues, and parts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form:

:

(Add additional sheets if needed.)

(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not wiling, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named, in the order designated.

PART 2

INSTRUCTIONS FOR HEALTH CARE

If you fill out this part of the form, you may strike any wording you do not want.

(2.1) END-OF-LIFE DECISIONS: I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below:

(a) Choice Not to Prolong Life

I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits, OR

(b) Choice to Prolong Life

I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

(2.2) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort be provided at all times, even if it hastens my death:

(Add additional sheets if needed.)

(2.3) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that:

(Add additional sheets if needed.)

 

ADVANCE HEALTH CARE DIRECTIVE FORM

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PART 3

 

 

DONATION OF ORGANS, TISSUES, AND PARTS AT DEATH

 

 

(OPTIONAL)

 

(3.1)

Upon my death, I give my organs, tissues, and parts (mark box to indicate yes).

 

By checking the box above, and notwithstanding my choice in Part 2 of this form, I authorize my agent to consent to any temporary medical procedure necessary solely to evaluate and/or maintain my organs, tissues, and/or parts for purposes of donation.

My donation is for the following purposes (strike any of the following you do not want):

(a)Transplant

(b)Therapy

(c)Research

(d)Education

If you want to restrict your donation of an organ, tissue, or part in some way, please state your restriction on the following lines:

If I leave this part blank, it is not a refusal to make a donation. My state-authorized donor registration should be followed, or, if none, my agent may make a donation upon my death. If no agent is named above, I acknowledge that California law permits an authorized individual to make such a decision on my behalf. (To state any limitation, preference, or instruction regarding donation, please use the lines above or in Section 1.5 of this form).

PART 4

PRIMARY PHYSICIAN

(OPTIONAL)

(4.1) I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

ADVANCE HEALTH CARE DIRECTIVE FORM

PART 5

PAGE 5 of 7

(5.1) EFFECT OF COPY: A copy of this form has the same effect as the original.

(5.2) SIGNATURE: Sign and date the form here:

(date)

(sign your name)

(address)

(print your name)

(city) (state)

(5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual's identity was proven to me by convincing evidence (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual's health care provider, an employee of the individual's health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly.

First witness

Second witness

(print name)

(address)

(city)(state)

(print name)

(address)

(city)(state)

(signature of witness)

(signature of witness)

(date)

(date)

(5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration:

I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the individual's estate upon his or her death under a will now existing or by operation of law.

(signature of witness)

(signature of witness)

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 6 of 7

 

PART 6

SPECIAL WITNESS REQUIREMENT

(6.1) The following statement is required only if you are a patient in a skilled nursing facility--a health care facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. The patient advocate or ombudsman must sign the following statement:

STATEMENT OF PATIENT ADVOCATE OR OMBUDSMAN

I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the Probate Code.

(date)

(sign your name)

(address)

(print your name)

(city) (state)

 

(Amended by Stats. 2018, Ch. 287, Sec. 1. (AB 3211) Effective January 1, 2019.)

ADVANCE HEALTH CARE DIRECTIVE FORM

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ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California,

County of

On

before me,

(insert name and title of officer)

personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person

(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

 

(SEAL)

 

 

 

More About California Advanced Health Care Directive

What is a California Advanced Health Care Directive?

The California Advanced Health Care Directive is a legal document that allows individuals to outline their preferences for medical care in the event they become unable to communicate their wishes. It combines two important functions: designating a health care agent and providing specific instructions about medical treatment preferences.

Who can complete a California Advanced Health Care Directive?

Any adult who is at least 18 years old and of sound mind can complete a California Advanced Health Care Directive. This document is particularly important for individuals who want to ensure their health care preferences are respected in situations where they may not be able to express them directly.

What is the role of a health care agent?

A health care agent is a person you designate to make medical decisions on your behalf if you are unable to do so. This individual should be someone you trust to understand your values and preferences regarding medical treatment. It is important to discuss your wishes with this person before designating them as your agent.

What types of medical decisions can I specify in my directive?

You can specify a range of medical decisions in your directive, including preferences for life-sustaining treatment, pain management, and organ donation. The directive allows you to articulate your wishes regarding specific medical procedures and interventions, ensuring that your values guide your care.

How do I create a California Advanced Health Care Directive?

To create a California Advanced Health Care Directive, you can obtain a form from various sources, including hospitals, legal offices, or online resources. After completing the form, you must sign it in the presence of either a notary public or two witnesses. This step is crucial for ensuring the document's validity.

Can I change or revoke my Advanced Health Care Directive?

Yes, you have the right to change or revoke your Advanced Health Care Directive at any time, as long as you are mentally competent. To make changes, you should complete a new directive and ensure that it is signed and witnessed properly. Inform your health care agent and family members of any updates to avoid confusion during critical times.

Is a California Advanced Health Care Directive the same as a living will?

While a California Advanced Health Care Directive includes elements of a living will, it is broader in scope. A living will specifically addresses end-of-life decisions, whereas the Advanced Health Care Directive encompasses both the designation of a health care agent and instructions for various medical treatments, not limited to end-of-life care.

What happens if I do not have an Advanced Health Care Directive?

If you do not have an Advanced Health Care Directive and become unable to make your own medical decisions, California law will determine who can make those decisions on your behalf. This could lead to family disputes or decisions that may not align with your wishes. Having a directive in place helps ensure that your preferences are honored and reduces the burden on your loved ones during difficult times.

Where can I find more information about the California Advanced Health Care Directive?

For more information, you can visit the California Department of Public Health's website or consult with a legal professional who specializes in health care law. Many hospitals and community organizations also offer resources and assistance in completing the Advanced Health Care Directive.

Key takeaways

Filling out the California Advanced Health Care Directive form is an important step in ensuring that your healthcare wishes are respected. Here are some key takeaways to consider:

  • Designate an Agent: Choose a trusted person to make medical decisions on your behalf if you are unable to do so.
  • Specify Your Wishes: Clearly outline your preferences for medical treatment, including life-sustaining measures and end-of-life care.
  • Review Regularly: Revisit your directive periodically to ensure it still reflects your values and wishes, especially after significant life changes.
  • Inform Others: Share your completed directive with your healthcare provider and family members to ensure everyone is aware of your wishes.

Form Attributes

Fact Name Description
Purpose The California Advanced Health Care Directive allows individuals to outline their healthcare preferences and appoint someone to make medical decisions on their behalf if they become unable to do so.
Governing Law This form is governed by the California Probate Code, specifically sections 4600 to 4806, which detail the legal framework for advance health care directives.
Legal Requirements The directive must be signed by the individual and witnessed by two adults or notarized to be legally valid.
Revocation Individuals can revoke their directive at any time, provided they do so in writing or verbally in the presence of witnesses.

Dos and Don'ts

When filling out the California Advanced Health Care Directive form, it is essential to approach the process thoughtfully. Here are some key things to do and avoid.

  • Do clearly state your healthcare preferences.
  • Do discuss your wishes with family members and loved ones.
  • Do appoint a trusted agent to make decisions on your behalf.
  • Do sign and date the form in the presence of a witness or notary.
  • Don't leave any sections blank; provide as much detail as possible.
  • Don't use vague language that may lead to confusion about your wishes.
  • Don't forget to review and update the directive as your situation changes.
  • Don't assume that verbal wishes will be honored without documentation.

Taking these steps can help ensure that your healthcare preferences are respected and understood. It is a personal and important decision that requires careful consideration.