Why You Need an Advance Healthcare Directive

What Is an Advance Health Care Directive?

An Advance Health Care Directive is a legal document that allows you to provide instructions about your future medical care.

In California, it can generally serve two important purposes:

• State your healthcare wishes. You can provide guidance about the types of treatment, life-sustaining care, pain management, and other medical decisions you would want considered.
• Name a healthcare agent. You can designate a trusted person to make healthcare decisions on your behalf if you are unable to do so.

The goal is not to predict every possible medical situation. Instead, the directive gives your healthcare agent, family members, and medical providers a clear understanding of your wishes and who has the authority to speak for you.

Why Is an Advance Healthcare Directive Important?

Without an Advance Health Care Directive, an unexpected medical emergency can leave family members facing difficult decisions without knowing what you would have wanted. Creating a directive can help avoid that uncertainty.

You Choose Who Makes Decisions for You

If you become incapacitated, you may not be able to communicate with doctors or consent to treatment. An Advance Health Care Directive allows you to choose your healthcare agent in advance rather than leaving important decisions to chance. Your agent can communicate with your medical team, review treatment options, and advocate for the care you would want.

Your Wishes Are Clearly Documented

Families sometimes disagree about what a loved one would have wanted, particularly during stressful or emotional circumstances. Putting your preferences in writing gives your loved ones valuable guidance. Your directive may address issues such as:

• Life-sustaining treatment
• Artificial nutrition and hydration
• Pain relief and comfort care
• Organ and tissue donation
• End-of-life preferences
• Other personal healthcare wishes

Having these conversations and documenting your choices ahead of time can relieve family members of the burden of trying to guess what you would have wanted.

An Advance Healthcare Directive Is Not Just for Older Adults

It is easy to think of incapacity planning as something that only matters later in life. Unfortunately, accidents and medical emergencies can happen at any age. Once a child becomes a legal adult, parents generally no longer have the same automatic authority to make healthcare decisions on the child’s behalf. That makes an Advance Health Care Directive worth considering for young adults as well as older adults, parents, business owners, and anyone establishing an estate plan. You do not need to be elderly or seriously ill to benefit from having one.

What Happens If You Don’t Have an Advance Healthcare Directive?

When someone cannot make their own medical decisions and has not clearly documented who should act for them, the situation can become much more complicated. Family members may be uncertain about who should take responsibility. Loved ones may disagree about treatment. Medical providers may have limited information about the patient’s preferences. In some situations, additional legal involvement may become necessary. A properly prepared Advance Health Care Directive can reduce confusion by establishing your wishes before a crisis occurs.

Choosing Your Healthcare Agent

The person you appoint should be someone you trust to make difficult decisions while respecting your preferences. A good healthcare agent is typically someone who:

• Understands your values and wishes
• Can remain calm under pressure
• Is comfortable asking doctors questions
• Will advocate for you when necessary
• Is willing and able to take on the responsibility

Many people choose a spouse, adult child, family member, or close friend. You may also be able to name an alternate agent in case your first choice is unavailable. Before naming someone, it is a good idea to speak with them and confirm that they are comfortable serving in the role.

Your Directive Should Be Part of a Larger Estate Plan

An Advance Health Care Directive is one piece of incapacity planning. A comprehensive estate plan may also include documents such as a:

• Revocable living trust
• Will
• Durable power of attorney for financial matters
• Advance Health Care Directive
• HIPAA authorization
• Appropriate beneficiary designations

Together, these documents help address both what happens to your assets and who can assist you if you become unable to manage your own affairs.

When Should You Update Your Advance Healthcare Directive?

Your healthcare wishes and personal relationships may change over time. Consider reviewing your directive following major life events such as:

• Marriage or divorce
• Birth or adoption of a child
• Death or incapacity of your chosen agent
• A significant medical diagnosis
• A change in your healthcare preferences
• A move to another state

Even without a major life change, periodically reviewing your estate planning documents helps ensure they still reflect your current wishes.

Plan Before a Medical Crisis Occurs

An Advance Health Care Directive gives you the opportunity to make important decisions while you are healthy and able to communicate clearly. Just as importantly, it provides guidance to the people who may someday need to speak on your behalf. At Law Stein Anderson, LLP, our estate planning attorneys help individuals and families throughout Orange County and San Diego County create comprehensive estate plans designed to protect their wishes, their families, and their futures.

If you do not currently have an Advance Health Care Directive—or if your existing directive is outdated—our team can help you review your options and incorporate appropriate incapacity planning into your estate plan.

Contact Law Stein Anderson, LLP to schedule a consultation with an experienced California estate planning attorney.