What is an advance health care directive?

An advance health care directive is a combination of the old-fashioned Durable Power of Attorney for Health Care and the “living will”. The advance health care directive may be used to accomplish both of these things: in it you may designate someone to make health care decisions for you in the event that you become unable to do so for yourself, and you may state your wishes concerning such matters as when to withdraw life-sustaining treatment, administration of pain medication, organ donation and disposition of remains.

You should give copies to your health care agent, doctor, and health plan representative. If you are admitted to a hospital or nursing home, you should take a copy with you. You might also consider registering your advance health care directive, but if you choose to do this, be sure to keep the registry updated with your most recent document. For more information about the registry, go to the California Secretary of State’s website and click on the Advance Health Care Directive button under Registries.

The advance health care directive authorizes your agent to make your health care decisions. A health care decision is defined in Probate Code §4617 and includes 1) the selection and discharge of health care providers, 2) the approval or disapproval of diagnostic tests, surgical procedures, and medication, and 3) directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.

You may also grant your agent the power to manage your personal care, which is not the same as your health care. The personal care power may also be granted to an agent in a power of attorney. Personal care decisions include deciding where you will live, arranging for meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment.

By helping you prepare a durable power of attorney, personal care power of attorney, advance health care directive, and possibly a trust, we estate planning attorneys are attempting to help you avoid a conservatorship. However, it is possible that under your circumstances, a court-supervised conservatorship is the better choice for you.