Los Angeles Advance Health Care Directive Lawyer
One Document, Two Purposes: Naming an Agent and Stating Your Wishes
California's Advance Health Care Directive, authorized under Probate Code section 4600 and following, combines two functions into a single document. First, it lets you name a healthcare agent to make medical decisions if you cannot. Second, and just as important, it lets you record your own individual health care instructions, sometimes called a living will, describing the treatment you do or do not want under specific circumstances.
Our office prepares advance directives that are specific enough to actually guide your family and your medical providers, not just a signature on a generic form.
What the Instructions Portion Covers
The instructions section of your directive can address life-sustaining treatment, artificial nutrition and hydration, pain management preferences, organ and tissue donation, and whether you want treatment continued, withheld, or withdrawn under conditions such as a terminal diagnosis or permanent unconsciousness. Clients often assume their agent will simply know what they would want. In our experience, the more specific your written instructions, the less burden your family carries when a difficult decision has to be made quickly.
How This Relates to a POLST Form
For clients with a serious illness or advanced age, we often discuss a Physician Orders for Life-Sustaining Treatment form, known as a POLST, in addition to the Advance Health Care Directive. A POLST is a medical order signed by your physician that translates your wishes into immediate, actionable instructions for paramedics and emergency room staff, while the Advance Health Care Directive remains the broader legal document that names your agent and states your overall values. The two documents work together rather than replacing each other.
Keeping Your Directive Accessible
An Advance Health Care Directive is only useful if the right people can find it when it matters. We advise clients to give copies to their healthcare agent, primary physician, and close family members, and to keep a copy readily available at home. Registering the directive with your hospital system's patient portal, where available, is another practical step we recommend.
Frequently Asked Questions
Do I need witnesses or a notary to sign an Advance Health Care Directive in California?
California allows you to execute the directive either in front of two qualified witnesses or before a notary public. There are restrictions on who can serve as a witness, including limits on healthcare providers and facility employees, which we walk through when the document is signed.
Can I change my Advance Health Care Directive later?
Yes. As long as you have capacity, you can revoke or amend your directive at any time. We recommend revisiting it after any major diagnosis, a move out of state, or a change in your chosen agent.
Call (310) 526-3433 to schedule a free phone consultation and put your advance directive in place with the Law Office of Mitchell A. Port.
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