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By Julie Fielder
Attorney

An advanced healthcare directive is a vital component of your California estate plan. You might think you don’t need one, but any adult should make sure their family understands their healthcare wishes so the family knows what to do in the event they become incapacitated or unable to communicate. Having an advanced healthcare directive in place can save your family considerable time, money, and emotional turmoil.

What Is an Advanced Healthcare Directive?

An advanced healthcare directive is a legal document that lets you outline your healthcare preferences in case you’re incapacitated or can’t communicate. In California, this directive typically combines two key components: a living will and a durable power of attorney for healthcare. The living will portion lets you specify the types of medical treatments you do or do not want, such as life-sustaining measures or pain management options. The durable power of attorney lets you appoint someone you trust, who will be your healthcare agent, to make medical decisions on your behalf. Together, these documents help ensure that your family and doctors respect and follow your healthcare choices.​

Why You Need an Advanced Healthcare Directive

An advanced healthcare directive is crucial for making sure your medical care aligns with your values and wishes. Without this document, decisions about your healthcare may fall to family members or medical professionals who don’t know or understand your preferences.

An advanced healthcare directive provides clarity and guidance during stressful times, reducing the burden on your family and preventing potential conflicts. These directives are particularly important in situations involving severe illness or end-of-life care. By proactively documenting your healthcare choices, you take control of your medical future and provide peace of mind to those who care about you.​

How Do You Create an Advanced Healthcare Directive?

Creating an advanced healthcare directive in California involves several steps. You can find a sample form that meets state requirements online, but you don’t need to use the template. Whether you choose the template or opt for another approach, you must complete the form by detailing your healthcare preferences and appointing a healthcare agent.

To make the directive legally valid, you must sign it in the presence of two adult witnesses or have it notarized. It’s essential to choose witnesses who are not your healthcare agent, healthcare provider, or employees of your healthcare provider. Once the forms are complete, send copies to your healthcare agent, family members, and healthcare providers. It’s also wise to keep the original documents in a safe but accessible place. Finally, regularly review and update your directive to ensure it reflects your current wishes.​

How We Can Help

At Horizon Elder Law & Estate Planning, we understand the importance of having a comprehensive and legally sound advanced healthcare directive. Our highly experienced team can guide you through the process of creating this vital document to make sure your directive clearly articulates your healthcare preferences and complies with California law. We can also draft a durable power of attorney for healthcare, which allows you to appoint someone you trust to make medical decisions on your behalf.

In addition to assisting you with healthcare directives, we offer comprehensive estate planning services to help you confidently prepare for the future. We have decades of experience helping people with elder law and senior care issues, and we understand your need for capable, thorough representation. Let us create a plan that protects your health, your wishes, and your loved ones. Call now or complete our contact form for a consultation.

About the Author
Julie M. Fiedler, an Attorney at Law, has been a resident of San Ramon since 1988. With over 30 years of experience in healthcare and senior services as a Registered Nurse, she is recognized as a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. Julie is accredited by the Department of Veterans Affairs to assist individuals with VA benefits. Her extensive involvement includes serving on the Board of Directors for the National Academy of Elder Law Attorneys, Inc., and as the past President of the Northern California Chapter of the National Academy of Elder Law Attorneys. She is an active member of California Advocates for Nursing Home Reform and ElderCounsel. Additionally, Julie Fiedler has contributed her leadership skills as President of the Adult Day Services Network of Contra Costa.