Thinking about medical emergencies, or death, is scary. But dying without a plan in place for how your assets are distributed can be even scarier. Planning ahead can make all the difference for you and your loved ones.
That’s where an Advance Healthcare Directive (AHD) comes in (also known as an advance directive, medical directive, or advance decision).
An Advance Healthcare Directive is a legal document that lets you clearly state your medical wishes in case you become unable to make decisions for yourself. It also allows you to appoint someone you trust to make health care choices on your behalf. In California, having advance directives in place ensures that your preferences are honored and that your family isn’t left guessing about what you would have wanted.
Why Do You Need an Advance Healthcare Directive?
Imagine this scenario: you’re in an accident or develop a serious illness that leaves you unconscious and unable to communicate.
Who makes decisions about your treatment?
What if family members disagree on healthcare decisions?
Without an Advance Healthcare Directive (AHD), these tough medical decisions may be left to healthcare professionals, or even a court-appointed guardian. But with an AHD in place, you have control over your medical future, even when you can’t speak for yourself.
Here are a few key reasons why an Advance Healthcare Directive is essential:
- You get to choose your healthcare agent – This is someone you trust to make medical decisions on your behalf if you’re unable to do so.
- Your medical wishes are documented – You can outline whether you want life-sustaining treatments, pain management preferences, or organ donation instructions.
- You spare your family from difficult decisions – Your loved ones won’t have to guess what you would have wanted, helping to prevent stress and disagreements.
- You stay in control of your care – Doctors and hospitals will follow your stated wishes for health care instead of making assumptions.
What Does an Advance Healthcare Directive Cover?
Your Advance Healthcare Directive can be as detailed or as simple as you want. Generally, it includes:
- Healthcare Agent (Power of Attorney for Healthcare) – This is the person you choose to make medical decisions for you. It should be someone you trust to follow your wishes.
- Medical Treatment Preferences – You can specify whether you want life support, CPR, ventilators, feeding tubes, or other interventions.
- End-of-Life Care Instructions – You can state whether you want to be kept comfortable or have all possible treatments to extend your life.
- Organ and Tissue Donation Preferences – You can choose to be a donor and specify which organs or tissues you want to donate.
- Funeral and Burial Instructions – Some people include preferences for cremation or burial, although this is optional.
How Is an Advance Healthcare Directive Different from a POLST Form?
People often confuse an Advance Healthcare Directive with a POLST (Physician Orders for Life-Sustaining Treatment) form. While both deal with medical care, they serve different purposes:
- An Advance Healthcare Directive is for future healthcare planning. It allows you to name a healthcare agent and provide general instructions about your medical care. It applies in many different situations and is not limited to end-of-life scenarios.
- A POLST form is for immediate, emergency medical treatment. It is a doctor-signed medical order that specifies what treatments should or shouldn’t be used in an emergency. It’s typically used for individuals with serious illnesses or those near the end of life.
In short, every adult should have an Advance Health Care Directive, but not everyone needs a POLST form.
How to Create an Advance Healthcare Directive in California
Setting up an Advance Healthcare Directive in California is simple but important. Here’s how to do it:
- Choose your healthcare agent – Pick someone you trust to make medical decisions in your best interest. This can be a spouse, adult child, friend, or even a professional fiduciary.
- Document your wishes – Decide on your preferences for life-sustaining treatments, pain management, and other medical care in the event of serious illness.
- Work with an estate attorney to formalize it – A lot can go wrong when Californians try and take legal matters into their own hands. They may think they have carried out the ncessary steps and paperwork to formalize their goal, only to find out they missed something. Having an experienced estate planning lawyer on your side to read the fine print and make sure your AHD is correct is worth the extra step to ensure your wishes will be carried out.
Take Control of Your Future Health Care Decisions
The health care system can be tricky and an Advance Health Care Directive is one of the most important legal documents in an estate plan you can have. Advance directives ensure that your choices regarding medical care are respected and that your loved ones aren’t left in the dark during difficult times.
