The California Advance Directive for Healthcare

What is a California Advance Directive?

A California Advance Directive for Healthcare is a formal set of instructions that tells your doctor how to make treatment decisions for you, if you are unable to speak for yourself. You have two formal options for creating an advance directive for healthcare in California. Which form of advance directive you select depends on your situation. Of course, an advance directive isn’t required, but not having one can lead to confusion if there is disagreement between family members. Likewise, you can give your doctor handwritten instructions, but an informal directive may not provide complete legal protection for your doctor.

In California there are two formal methods of creating an advance directive. The first is a Durable Power of Attorney for Healthcare. The other is a Natural Death Act Declaration or "living will."

Option 1: The Durable Power of Attorney for Healthcare

A Durable Power of Attorney for Healthcare lets you set out two types of instructions for your doctor. First, you can say when you would and wouldn’t want particular kinds of treatment. These decisions should be made in consultation with your doctor. Your doctors will give you information and advice about treatment. You have the right to choose. You can say "Yes" to treatments you want. You can say "No" to any treatment you don’t want, even if the treatment might help keep you alive longer.

Your doctor must tell you about your medical condition and about what different treatments can do for you. Many treatments have "side effects." Your doctor must offer you information about serious problems that medical treatment is likely to cause you.

Often more than one treatment might help you, and people have different ideas about what is best. Your doctor can tell you about what treatments are available to you, but your doctor can’t choose for you. That choice depends on what is important to you.

Second, the Durable Power of Attorney for Healthcare lets you name a family member or some other person to make treatment decisions for you. That person can make most medical decisions, including decisions about life-sustaining treatment, when you can’t speak for yourself. After you choose someone, talk to that person about what you want.

Once the Durable Power of Attorney for Healthcare is complete, give a copy to your doctor, give a to the person named as your agent, file a copy with your important papers, and take another copy with you when you go into the hospital or other treatment facility.

Option 2: The Living Will

A Natural Death Act Declaration is often called a "living will" because it takes effect while you are still alive but have become unable to speak for yourself. The California Natural Death Act lets California residents sign a will called a Natural Death Act Declaration. Anyone 18 years or older and of sound mind can sign one.

When you sign a Natural Death Act Declaration it tells your doctor that you don’t want any treatment that would prolong your dying. All life-sustaining treatment would be stopped if you were terminally ill and your death was expected soon, or if you were permanently unconscious. You would still receive treatment to keep you comfortable, however.

The doctors must follow your wishes about limiting treatment or turn your care over to another doctor who will. Your doctors are also legally protected when they follow your wishes.

Creating a California Advance Healthcare Directive

You can create either type of advance directive if you are 18 years old or older and of sound mind. You do not need a lawyer to fill it out; although many use an attorney to include this form as part of your estate plan. You can change or revoke any of these documents at any time as long as you can communicate your wishes.