ADVANCE HEALTH CARE DIRECTIVES
The current law which governs advance health care directives became effective July 1, 2000, and replaced the laws governing the "old" durable power of attorney for health care. If you have a power of attorney for health care which was created prior to July 1, 2000, those documents remain valid under the new law.
This new law repealed the California Natural Death Act. Therefore, you can no longer create a "Living Will" or "Directive to Physician" to terminate life support. However, it is still possible to give an individual health care instruction or to specify in an Advance Health Care Directive that you wish to have life support discontinued.
Another important addition to the AHCD is the HIPAA (Health Insurance Portability and Accountability Act). This document gives your agent the authority to obtain any records from a physician, health-care professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered health care provider, insurance company and the Medical Information Bureau or other health care clearinghouse that has provided treatment or services for which your agent requires information. Without this document, your agent will be hard pressed to obtain any information which they may need to assist your with your health care.
Agent: The Advance Health Care Directive ("AHCD") is a written document which gives the person you designate (the "agent") the power to make health care decisions for you. The agent can be a spouse or other family member, or friend, but it cannot be a health care provider, operator of a community care facility, operator of a residential care facility for the elderly, or for the most part, any of those persons' employees.
Your Desires Must be Followed: The agent must exercise their power under the AHCD according to your desires which have been made known to him or her in any manner, including orally. Subject to your expressed desires, the agent has broad powers to make health care decisions for both your physical and mental condition. The agent can under no circumstances, however, authorize certain procedures specified by statute including sterilization and psychosurgery.
Specific Powers Granted: Your agent may be given or denied powers to terminate life support, and make donations of your needed body parts, authorize an autopsy and direct the disposition of your remains.
Revocable: Your Advance Health Care Directive can be revoked by you at any time. If you do not revoke your AHCD, it will remain in effect indefinitely unless you specify a date at which it will terminate.
Statutory Advance Health Care Directives are available from the California Medical Association, however, certain formalities must be followed when executing this document. It is highly suggested that you contact a qualified estate planning attorney to assist you in drafting your AHCD and make certain all of your wishes are properly included.
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The current law which governs advance health care directives became effective July 1, 2000, and replaced the laws governing the "old" durable power of attorney for health care. If you have a power of attorney for health care which was created prior to July 1, 2000, those documents remain valid under the new law.
This new law repealed the California Natural Death Act. Therefore, you can no longer create a "Living Will" or "Directive to Physician" to terminate life support. However, it is still possible to give an individual health care instruction or to specify in an Advance Health Care Directive that you wish to have life support discontinued.
Another important addition to the AHCD is the HIPAA (Health Insurance Portability and Accountability Act). This document gives your agent the authority to obtain any records from a physician, health-care professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered health care provider, insurance company and the Medical Information Bureau or other health care clearinghouse that has provided treatment or services for which your agent requires information. Without this document, your agent will be hard pressed to obtain any information which they may need to assist your with your health care.
Agent: The Advance Health Care Directive ("AHCD") is a written document which gives the person you designate (the "agent") the power to make health care decisions for you. The agent can be a spouse or other family member, or friend, but it cannot be a health care provider, operator of a community care facility, operator of a residential care facility for the elderly, or for the most part, any of those persons' employees.
Your Desires Must be Followed: The agent must exercise their power under the AHCD according to your desires which have been made known to him or her in any manner, including orally. Subject to your expressed desires, the agent has broad powers to make health care decisions for both your physical and mental condition. The agent can under no circumstances, however, authorize certain procedures specified by statute including sterilization and psychosurgery.
Specific Powers Granted: Your agent may be given or denied powers to terminate life support, and make donations of your needed body parts, authorize an autopsy and direct the disposition of your remains.
Revocable: Your Advance Health Care Directive can be revoked by you at any time. If you do not revoke your AHCD, it will remain in effect indefinitely unless you specify a date at which it will terminate.
Statutory Advance Health Care Directives are available from the California Medical Association, however, certain formalities must be followed when executing this document. It is highly suggested that you contact a qualified estate planning attorney to assist you in drafting your AHCD and make certain all of your wishes are properly included.
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