California Advance Health Care Directives [incl. Medical PoA & Living Will Declaration in 1 document]

Are California Advance Health Directives right for your situation?

These Advance Health Care Directives (including a Medical Power of Attorney & Living Will Declaration in the 1 document) are designed to be used for estate planning purposes by those ordinarily resident in California, USA.

Please Note: The automatically generated "Self-Service" option is currently under development.

The California Probate Code Sections 4800 to 4805 cover guidelines on Living Wills and other Advanced Health Care Directives.

Advance Health Directives vs. Living Will?

In California, Advance Health Care Directives are a broad term for instructions that take effect when the principal is mentally unfit to make decisions.

For example, California's Advance Health Care Directives template covers both Medical Power of Attorney and Living Will Declarations in the one document. Some states use separate documents for each type of Advance Health Directive.

Living Will Declarations are a form of Advance Directive.

However, Living Will Declarations are distinct since they only apply to end-of-life medical situations.

What’s the Difference between a Living Will Declaration and a Medical Power of Attorney?

Under California law, whilst combined into one Advance Health Care Directives template, Living Will Declarations and Medical Powers of Attorney are different in these aspects:

Living Will Declarations are only effective for end-of-life decisions, whereas a Medical POA is effective for all medical conditions.

You do not need to appoint an agent in a Living Will Declaration.

However, you must appoint an agent to legalize a Medical POA.

Furthermore, you must set an executive date when drafting a Medical Power of Attorney.

However, a Living Will Declaration does not require a specific execution date.

What is a Living Will Declaration?

Living Wills are legal documents that contain future healthcare decisions regarding end-of-life treatments.

A Living Will Declaration allows you to express your wishes regarding the provision or withdrawal of life-sustaining treatments like ventilators, dialysis, or gastrostomy tubes.

Note: Living Wills could exist as oral [not recommended] or written agreements directed to the healthcare provider.

Advance Health Care Planning

In order to make fully informed decisions it is critical that you take the time to go through an in-depth Advance Care Planning process.

Your Advance Health Care Directive (including a Medical Power of Attorney & Living Will Declaration) will be the output you create as a result of stepping through the process in detail.

This will necessarily involve detailed discussions with your doctor, your own research and seeking independent opinions where you deem it is necessary.

As medical treatments and options change over time, it is important that you revisit + consider your Advance Health Care Planning, especially after major life changes (in this context, life-changing moments could include a diagnosis of a terminal illness, relocation to another state or country, marriage, or increased finances) or at least every four years.

An Advance Health Care Directive (including a Medical Power of Attorney & Living Will Declaration) is an important way of letting people know your wishes about your healthcare and treatment should you find yourself in a position where you are seriously ill or injured and not able to make decisions.

Having an Advance Health Care Directive (including a Medical Power of Attorney & Living Will) will make it easier for your loved ones and health staff if they need to make decisions for you.

Advance Health Care Directives may include one or more of the following:

✅ The person you would like to make medical decisions for you if you are unable to make decisions;

✅ Details of what is important to you, such as your values, life goals and preferred outcomes; and/or

✅ The treatments and care you would like or would refuse if you have a life-threatening illness or injury.

How to make Advance Health Care Directives [incl. Medical PoA & Living Will Declaration] in California

In California, you can create Advance Health Care Directives [incl. Medical PoA & Living Will Declaration] using the one state-approved form.

You can also amend the form by adding additional data to suit your preferences.

Per state laws, Advance Health Care Directives are legal under these conditions:

• The principal must be mentally fit at the time of creating the Advance Health Directives.
• The principal and two adult witnesses must sign the document.
• One of the witnesses must not have a direct or indirect relationship with the principal.
• ‍Sections 4674 to 4675 outline the requirements and guidelines for witnesses.
• For instance, each witness must make declarations outlined in state law.

It is also legally required to notify your attending physician, healthcare provider, or concerned parties.

The healthcare provider will record the living as part of your medical record.

For online living directives that require electronic signatures, the signature must fulfill the requirements listed under Section 4673.

Note that no costs are generally incurred in California if you create and execute Advance Health Directives yourself.

Registration Option

While not required, you can register your Advance Health Care Directives with the California Secretary of State's Advance Health Care Directive Registry for a $10 fee.

It is the agency's responsibility to provide the form upon request to the healthcare provider or legal guardian.

To register your Advance Health Care Directives, you must follow these steps:

1. Complete a copy of the Registration of Written Advance Health Care Directive.
2. Attach a copy of the Advance Health Care Directives
3. Create a separate form that contains your name, address, birthdate, and place.
4. Include a valid government-issued ID card
5. Attach a $10 check payable to the Secretary of State
6. Mail all the aforementioned files to:

Secretary of State
Special Filings Unit
P.O. Box 942870
Sacramento, CA 94277-2870
Phone: (916) 653-3984

Important: Advance Health Directives Checklist

In California, while you are not required to use the specific template provided in the Probate Code for Advance Health Care Directives, it's important to ensure that your documents:

Meet Legal Requirements:

Clearly states your health care preferences.

Include the designation of a health care agent, if desired.

Are Clear and Comprehensive:

Provide detailed instructions to avoid ambiguity.

Cover various scenarios you may want to address.

Are Properly Executed:

While not strictly necessary, having the Advance Health Directives witnessed or notarized can enhance legitimacy and reduce potential disputes.

Are Accessible:

Make sure copies are distributed to your health care agent, family members, and medical providers.

Using the state-provided template can help ensure compliance with legal standards, but custom documents can also be valid if it meets these criteria.

Legally approved Advance Health Care Directives / Living Wills created in other states are also legal in California.

When Do Advance Health Directives take effect in California?

In California, Advance Health Directives take effect immediately if you are incapacitated.

The healthcare provider will determine if you are mentally incapable before enforcing Advance Health Directives.

Note that the attending physician must be aware of the Advance Health Directives.

What factors affect the duration of Advance Health Directives in California?

Revocation, state or federal laws, and healthcare compliance may affect Advance Health Directives duration.

Tips for specifying the start and duration of Advance Health Directives in California

For example, California state laws may revoke Living Wills if the principal is pregnant.

You can specify the start and duration in Living Wills by including the date when the Living Will takes effect.

This is possible when you are diagnosed with a progressive terminal condition like cancer or renal failure.

What are the legal requirements for the start and duration of Advance Health Directives in California?

Under the California Probate Code, Advance Health Directives start after being notarized or signed in the presence of two witnesses.

In addition, you can officially start an Advance Health Directives by registering them with the Advance Health Care Directive Registry.

It is the agency's responsibility to provide the Advance Health Directives upon request to the healthcare provider or legal guardian.

How can I revoke Advance Health Directives in California?

Per California law, you can revoke Advance Health Directives via these options:

By creating a written or oral statement to revoke the Advance Health Directives and notifying all concerned parties; or

By creating new Advance Health Directives that conflict with previous versions.

Do I need a Lawyer?

You don't legally need a lawyer to create an Advance Health Care Directive (including a Medical Power of Attorney & Living Will Declaration) in California, though some people choose to consult with an estate planning attorney for guidance, as part of a wholistic estate planning process.

Person Responsible / Substitute Decision Maker

It is important to think about who you would like to make healthcare decisions for you if you are seriously ill or injured and can no longer make decisions.

Some people choose a family member or close friend.

If it’s not clear in your Advance Care Directives who this person or people are, your doctor will ask someone else to make the decision for you.

This person is known as the Person Responsible.

A Person Responsible is not always a relative.

You may also hear people use the term Substitute Decision Maker.

When do my Advance Care Directives apply?

Doctors and health care professionals will only look at your Advance Care Directives if you are unable to make or communicate decisions about your healthcare and treatment.

Your Person Responsible must refer to your Advance Care Directives before making any medical or health decisions.

Where should I keep my Advance Care Directives?

You should keep your Advance Health Care Directives in a place that is easy for you or someone else to find it.

Best Practice suggests you keep a copy with you, or keep a card in your wallet that lets people know that you have Advance Health Care Directives and where they can be found.

It is a good idea to leave a copy with your Person Responsible, family and/or carer, doctor and/or healthcare facility.

Make sure you keep track of the locations of all of the copies.

In order to minimize the possibility of an older version being followed you will need to replace all of the copies with your updated version (if any).

Optional Extras:

➲ 💡 Fraud + Litigation Prevention Technology $22 (free for members).

Safe Storage:

A comprehensive overview of your hard-copy and online Safe Storage options are detailed in the RESOURCES section below.

Sources

California Living Will | CaliforniaCourtRecords.us

Download Advance Directive Forms - UCLA Health

[PDF] California Advance Health Care Directive

Advance Health Care Directive at Sutter Health

[PDF] Advance Health Care Directive | Kaiser Permanente

California Medical Decision Making Forms: Advance Directives ...

[PDF] Advance Health Care Directive Form - California Department of Justice

[PDF] health care directive (living will)

[RTF] Form: Advance Health Care Directive (Living Will)

California PREPARE Advance Directive - PREPAREforYourCare.org

Free California Living Will Forms | Advance Health Care Directive

[PDF] California Advance Health Care Directive - Stanford Medicine

Advanced Health Care Directive (Living Will & Power of Attorney for ...

California Advance Directive Forms - CaringInfo.org