How do you choose to be treated when dealing with a terminal illness? Do you subscribe to blood transfusion? Do you want to undergo painstaking surgeries with or without anesthetics? Would you prefer to be laid to rest the traditional way or you want a cremation instead? An advanced health care directive can be used to relay your medical preferences to those you are leaving behind.
In this article, you will be exposed to all you need to know about a California Advance Health Care Directive and its peculiarities.
What Is the California Advance Health Care Directive?
A California advanced health care directive form is a legal document that details all the health care decisions that should be made on one’s behalf in the event that they are incapacitated and cannot make those decisions themselves. It bestows upon individuals the powers to appoint an agent to make medical decisions for them when they no longer have a sound sense of judgement.
The contents of an advance directive form California must be drafted to correspond with sections 4700-4701 of the California probate code.
How Does The California Advance Health Care Directive Work?
An advanced healthcare directive California form grants all citizens of the state the rights to create a California Advanced HealthCare Directive as long as they are of sound mind and at least 18 years old. A minor is only allowed to draft one if they are emancipated.
A principal needs not appoint a lawyer to complete an advanced healthcare directive with the only exception being individuals who are involuntarily committed to a health care facility and choose to make their conservator their agent. A principal may choose to write some more specific instructions in their healthcare directive. All they need do is write these instructions in a form, sign, date, notarize and attach the form to their advanced healthcare directive.
Advance Directive V.S. Living Trust V.S. Last Will
Although all three deal with near-death situations, they still have differing characteristics.
A last will is a legal document that dictates how an individual’s financial and real estate should be shared among his/her dependents after death. The contents of a last will are executed by an executor.
A living trust is a legally binding agreement between two parties, where one party agrees to transfer the control of his/her financial or real estates to another (trustee) while still alive. The trustee can be allowed to maintain control of these assets even after the demise of the one who creates this trust.
An advanced directive unlike the others does not have anything to do with real estate or financial assets. It simply dictates how the principals choose to receive medical care when they can no longer make medical decisions themselves.
Should You Use an Advance Directive?
People should consider using an advance directive California if they have a medical history that reflects that they may be unable to maintain a good sense of judgement later in the future. It is also recommended for seniors.
Essentially, you should consider drafting an advance directive form ca if you have any particular medical preferences. Take, for example, you might never want to be on life support or do not want to donate any of your organs or tissue after death. If that is the case, you need to create an advanced directive.
Advance Directive in California – Limitations
Although an individual can pick whichever agent he or she deems fit, there are still limitations to who can or cannot be chosen. One such is that a principal is not allowed to pick an agent who is an employee at a health care facility where the principal receives health care.
The only exception is that the said employee is a relative of the principal. A principal can also appoint a secondary agent to act in the stead of another should the primary agent be unavailable.
A principal also has the option of limiting the decisions the agent is allowed to take. Take, for example, the agent can be limited to only making decisions on the kinds of treatment the principal can take. The limitations on the powers of the agent has to be written in clear, concise language..
An advanced directive California is just as important as a living will or any other form of insurance. Using it, you can describe your medical preferences and designate to an agent the powers to make certain medical decisions on your behalf when you are no longer mentally capable to do so on your own in California. To get started, you can download any of Cocosign fillable advanced healthcare directive California forms from their official website.
CocoSign represents a wide collection of legal templates covering all types of leases, contracts and agreements for personal and commercial use. All legal templates available on CocoSign shall not be considered as attorney-client advice. Meanwhile, CocoSign shall not be responsible for the examination or evaluation of reviews, recommendations, services, etc. posted by parties other than CocoSign itself on its platform.