Healthcare Directives
Advance Health Care Directive: What's Important to You
An "advance health care directive" lets your physician, family and friends know your health care preferences, including the types of special treatment you want or don't want at the end of life, your desire for diagnostic testing, surgical procedures, cardiopulmonary resuscitation and organ donation.
By considering your options early, you can ensure the quality of life that is important to you and avoid having your family "guess" your wishes or having to make critical medical care decisions for you under stress or in emotional turmoil.
Advance Health Care Directive Checklist
The material prepared for this checklist is intended as informational only and not as legal advice. If you are unsure of your options or have questions, we suggest that you talk with your physician, your lawyer and other trusted advisors.
GATHER INFORMATION FOR DECISION-MAKING
Your physician is a good place to start for understanding your options on health care treatment at the end of life. In addition, many organizations have information that may be useful.
DISCUSS YOUR END-OF-LIFE DECISIONS WITH KEY PEOPLE
Talk about your decisions with your family, physician and others who are close to you. Some questions to consider for discussion: What is important to you when you are dying? Are there specific medical treatments you especially want or do not want? When you are dying, do you want to be in a nursing home, hospital or at home?
DESIGNATE PERSON TO CARRY OUT WISHES
Select who should handle your health care choices and discuss the matter with them. You could name a spouse, relative or other agent. If possible, a principal should also name one or more alternative agents, in case an agent becomes incapacitated, dies or resigns. Doing so will allow a smooth transition to the new agent, avoid any court involvement, and give the principal greater peace of mind. If an agent cannot act or refuses to act, and the instrument does not designate an alternative agent, it may be necessary to seek instructions in a court proceeding or have the court appoint a conservator. The effectiveness of the Advance Health Care Directive depends largely on the agent’s integrity, ability, and willingness to act. Knowing the principal’s desires and personal values is important because the agent is obligated to make health care decisions in accordance with the principal’s health care instructions and other wishes, if known, or to make decisions in the principal’s best interest in the context of the principal’s personal values, if known. Of course, the agent’s decisions are subject to any limitations set forth by the principal in the Advance Health Care Directive.
INFORM KEY PEOPLE OF YOUR PREFERENCES
Notify your doctor, family and close friends about your end-of-life preferences. Keep a copy of your signed and completed advance health care directive safe and accessible. This will help ensure that your wishes will be known at the critical time and carried out. Give a copy of your form to:
The person you appoint as your agent and any alternate designated agents
Your physician
Your health care providers
The health care institution that is providing your care
Family members
Other responsible person who is likely to be called if there is a medical emergency
Contact the Tunney Law Group today at (415) 367-5222 to schedule a consultation. We proudly serve clients throughout California.