Often, when people come into my office to establish a Trust, they ask me about what would happen if they were suddenly unable to make their own medical decisions. This is an important question, and one that should be addressed as part of any comprehensive estate plan. A properly drafted Advance Health Care Directive (AHCD) ensures that your medical wishes are honored and that a trusted person is authorized to act on your behalf if you become incapacitated.

What is an Advance Health Care Directive?

In California, an Advance Health Care Directive is a legal document that allows you to:

1. Appoint a Health Care Agent – This person (also called your "healthcare proxy") will have the legal authority to make medical decisions for you if you are unable to do so yourself. This can include decisions about surgery, life support, organ donation, and end-of-life care.
2. Specify Your Medical Treatment Preferences – You can outline your wishes regarding life-sustaining treatment, pain management, and other aspects of your care, ensuring that your preferences are clear in critical situations.
3. Make Decisions About Organ Donation – If you wish to donate your organs or tissues, an AHCD allows you to specify your intentions.

Why is an Advance Health Care Directive Important?

Without an AHCD, your family may face significant challenges if you become incapacitated. They may be forced to seek court intervention to gain decision-making authority, which can be costly and time-consuming. Additionally, disagreements among family members about your care can lead to unnecessary conflict. Having a clear directive in place helps avoid these issues and ensures that your wishes are followed.

The Role of a Health Care Agent

Choosing a health care agent is one of the most important aspects of an AHCD. Your agent should be someone you trust to make decisions that align with your values and preferences. They must also be willing to advocate on your behalf, especially if your medical wishes are contested by family members or healthcare providers.

It is also a good idea to name an alternate agent in case your first choice is unable or unwilling to serve when needed.

Do You Need an Attorney to Draft an AHCD?

While California does provide statutory forms for an Advance Health Care Directive, working with an estate planning attorney ensures that your document is properly drafted, executed, and tailored to your specific needs. An attorney can also ensure that your AHCD is consistent with the rest of your estate plan, including your Living Trust, Power of Attorney, and other essential documents.

Final Thoughts

Every adult in California should have an Advance Health Care Directive in place—especially those with specific medical preferences or family dynamics that could complicate decision-making. If you do not yet have an AHCD, now is the time to put one in place to protect yourself and your loved ones.

If you need assistance creating an Advance Health Care Directive or reviewing your estate plan, I recommend consulting with an experienced estate planning attorney to ensure your wishes are clearly documented and legally enforceable.

LEGAL DISCLAIMER

This article is intended for general informational purposes only. Any legal analysis or other content should not be construed as legal or professional advice or as a substitute for such advice. No attorney-client or confidential relationship is formed by transmission of this information. If you require legal or professional advice, please contact an attorney or other suitable professional advisor. The choice of an attorney or other professional is an important decision and should not be based solely upon advertisements and blog postings.