Advance Directives

ADVANCE MEDICAL DIRECTIVES FOR COMMUNICATING WITH YOUR DOCTOR


The form used for this in California is called an "Advance Health Care Directive (California Probate Code Section 4701)", adopted by our Legislature effective July 1, 2000. It is often referred to as being a "Living Will", a "Medical Power of Attorney", a "DPA", or by other names used in the past.

It is a do-it-yourself form. You do not need to hire someone to fill it out for you. It comes with instructions.

By using this form you will stay in control over your health care and terminal care decisions, by naming and instructing someone to speak for you when you are unable to communicate with your doctor.

The first person you name on the form is called your "health care agent". This is the person you trust to make important medical and end-of-life decisions for you. This person serves as a surrogate or substitute decision maker to carry out your wishes. Additional persons you name will serve as "alternates" in the order listed.

You have a choice as to when your agent's authority begins. You can choose for your agent's authority to begin immediately or you can choose to have it begin later. Then, when your doctor makes a determination that you have become incapable of making your own health care decisions, your agent's decision-making authority would begin.

Using this state form will give your agent very broad authority to make all health care and terminal care decisions for you - unless you choose to limit specific authority by deleting or adding instructions. For example: "your agent will have the right to ... make anatomical gifts, authorize an autopsy, and direct disposition of the remains." How would you respond to these? You may add your responses on the form, including your choice of body disposition and the mortuary name. (Many of our members prefer "Direct Cremation" or "Immediate Burial" instead of the traditional funeral.)

Under California law, the agent heads the list of persons who would control the disposition. Thus, your agent is the first person to be notified of your death. Your agent will then proceed to carry out your instructions.

Discuss these instructions with your family. Especially, be certain your agent and alternates understand and agree with you.

Forms are available from the following sources:

  1. www.finalchoices.org
  2. www.cmanet.org
  3. www.caringinfo.org

Read and compare forms, then select the one that says what you want it to say. Then have your signature witnessed and dated.

Make copies of the completed form for your agent, alternates, family, special friends, doctors, and medical facilities as needed. Carry your agent's name/phone on a wallet card for emergency use.

Keep a list of who received a copy so that you can replace it whenever you make any change. The date on the replacement form cancels the previous edition. Review and update it periodically.


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