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California Advanced Health Care Directive PDF Form

The California Advanced Health Care Directive form is a legal document allowing individuals to outline their preferences for medical treatment and appoint a health care agent in case they cannot make decisions for themselves. This form empowers individuals to have a say in their health care, ensuring their wishes are respected even when they are not able to communicate them. It bridges gaps in medical and family understanding, allowing for more tailored and respectful health care decisions.

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Overview

When considering the future, especially in terms of health care, individuals oftentimes overlook the importance of having a plan in place to guide their medical care should they become unable to make decisions for themselves. In California, this crucial aspect of planning is addressed by the California Advanced Health Care Directive form. A comprehensive tool designed to respect and uphold the personal health care preferences of individuals, the form serves a dual purpose. Firstly, it allows one to appoint a trusted individual, known as a health care agent, to make decisions on their behalf if they are incapacitated. Secondly, it provides a structured way to specify wishes concerning medical treatment, ensuring that these are followed through. This form, legal and binding, is a testament to one's autonomy over personal health care choices, outlining clear instructions for caregivers and medical personnel to follow, thereby reducing uncertainty and stress for family members during challenging times. Tailored to fit the unique laws and requirements of California, the Advanced Health Care Directive stands as a critical component in health care planning, encapsulating one’s medical preferences from intensive medical interventions to palliative care and end-of-life wishes.

Preview - California Advanced Health Care Directive Form

ADVANCE HEALTH CARE DIRECTIVE FORM		PAGE 1 of 7
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Probate Code - PROB

DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. )

CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

4701. The statutory advance health care directive form is as follows:

ADVANCE HEALTH CARE DIRECTIVE

(California Probate Code Section 4701)

Explanation

You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.

Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. (Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is related to you or is a coworker.)

Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:

(a)Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.

(b)Select or discharge health care providers and institutions.

(c)Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.

(d)Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.

(e)Donate your organs, tissues, and parts, authorize an autopsy, and direct disposition of remains.

Part 2 of this form lets you give specific instructions about any aspect of your health care, whether or not you appoint an agent. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, as well as the provision of pain relief. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes. If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out Part 2 of this form.

Part 3 of this form lets you express an intention to donate your bodily organs, tissues, and parts following your death.

Part 4 of this form lets you designate a physician to have primary responsibility for your health care.

After completing this form, sign and date the form at the end. The form must be signed by two qualified witnesses or acknowledged before a notary public. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.

You have the right to revoke this advance health care directive or replace this form at any time.

ADVANCE HEALTH CARE DIRECTIVE FORM

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PART 1

POWER OF ATTORNEY FOR HEALTH CARE

(1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me:

(name of individual you choose as agent)

(address)	(city)	(state)	(ZIP Code)

(home phone)	(work phone)

OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent:

(name of individual you choose as first alternate agent)

(address)	(city)	(state)	(ZIP Code)

(home phone)	(work phone)

OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent:

(name of individual you choose as second alternate agent)

(address)	(city)	(state)	(ZIP Code)

(home phone)	(work phone)

(1.2) AGENT'S AUTHORITY: My agent is authorized to make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here:

(Add additional sheets if needed.)

(1.3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I mark the following box.

If I mark this box , my agent's authority to make health care decisions for me takes effect immediately.

ADVANCE HEALTH CARE DIRECTIVE FORM

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(1.4.) AGENT'S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.

(1.5) AGENT'S POSTDEATH AUTHORITY: My agent is authorized to donate my organs, tissues, and parts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form:

(Add additional sheets if needed.)

(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not wiling, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named, in the order designated.

PART 2

INSTRUCTIONS FOR HEALTH CARE

If you fill out this part of the form, you may strike any wording you do not want.

(2.1) END-OF-LIFE DECISIONS: I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below:

(a) Choice Not to Prolong Life

I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits, OR

(b) Choice to Prolong Life

I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

(2.2) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort be provided at all times, even if it hastens my death:

(Add additional sheets if needed.)

(2.3) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that:

(Add additional sheets if needed.)

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	PART 3
	DONATION OF ORGANS, TISSUES, AND PARTS AT DEATH
	(OPTIONAL)
(3.1)	Upon my death, I give my organs, tissues, and parts (mark box to indicate yes).

By checking the box above, and notwithstanding my choice in Part 2 of this form, I authorize my agent to consent to any temporary medical procedure necessary solely to evaluate and/or maintain my organs, tissues, and/or parts for purposes of donation.

My donation is for the following purposes (strike any of the following you do not want):

(a)Transplant

(b)Therapy

(c)Research

(d)Education

If you want to restrict your donation of an organ, tissue, or part in some way, please state your restriction on the following lines:

If I leave this part blank, it is not a refusal to make a donation. My state-authorized donor registration should be followed, or, if none, my agent may make a donation upon my death. If no agent is named above, I acknowledge that California law permits an authorized individual to make such a decision on my behalf. (To state any limitation, preference, or instruction regarding donation, please use the lines above or in Section 1.5 of this form).

PART 4

PRIMARY PHYSICIAN

(OPTIONAL)

(4.1) I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

ADVANCE HEALTH CARE DIRECTIVE FORM

PART 5

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(5.1) EFFECT OF COPY: A copy of this form has the same effect as the original.

(5.2) SIGNATURE: Sign and date the form here:

(date)	(sign your name)
(address)	(print your name)

(city) (state)

(5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual's identity was proven to me by convincing evidence (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual's health care provider, an employee of the individual's health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly.

First witness

Second witness

(print name)

(address)

(city)(state)

(print name)

(address)

(city)(state)

(signature of witness)	(signature of witness)
(date)	(date)

(5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration:

I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the individual's estate upon his or her death under a will now existing or by operation of law.

(signature of witness)

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PART 6

SPECIAL WITNESS REQUIREMENT

(6.1) The following statement is required only if you are a patient in a skilled nursing facility--a health care facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. The patient advocate or ombudsman must sign the following statement:

STATEMENT OF PATIENT ADVOCATE OR OMBUDSMAN

I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the Probate Code.

(date)	(sign your name)
(address)	(print your name)
(city) (state)

(Amended by Stats. 2018, Ch. 287, Sec. 1. (AB 3211) Effective January 1, 2019.)

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ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California,

County of

On	before me,

(insert name and title of officer)

personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person

(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature		(SEAL)

Get California Advanced Health Care Directive PDF

File Specs

Fact Name	Detail
Purpose	Allows individuals to outline their healthcare preferences, including end-of-life wishes and agent selection for situations where they can't make decisions for themselves.
Governing Law	The form is governed by the California Probate Code, Sections 4600-4806.
Components	Typically includes a power of attorney for healthcare decisions and a living will.
Agent Role	An agent, selected by the individual, makes healthcare decisions on their behalf if they are unable to do so themselves.
Signatory Requirements	Must be signed by the individual creating the directive and either witnessed by two adults or notarized.
Validity Across States	While specific laws vary, most states recognize directives made in other states as long as they comply with the originating state's laws.

Detailed Instructions for Filling Out California Advanced Health Care Directive

Filling out the California Advanced Health Care Directive (AHCD) form is a crucial step for ensuring your healthcare preferences are respected, even if you're unable to communicate them yourself. It lets you appoint a health care agent, choose the types of medical treatment you want or don't want, and make decisions about organ donations, among other things. The process involves providing specific personal information and making clear your medical care preferences. Below is a step-by-step guide to help you complete this important document accurately and thoroughly.

Steps for Filling Out the California Advanced Health Care Directive Form:

Start by carefully reading the instructions that accompany the form. These guidelines provide important details on how to properly fill out the directive.
Section 1: Write your full legal name, date of birth, and address to identify yourself as the principal (the person making the directive).
Section 2: Choose your health care agent. Provide the name, address, and contact information of the person you trust to make medical decisions for you if you're unable. You can also name an alternative agent in case your primary choice is unavailable.
Section 3: Outline your health care instructions. This part allows you to specify your preferences for medical treatment in various situations, such as life support and pain relief. Be as detailed as possible to ensure your wishes are clear.
Section 4: Make decisions about organ donation, if desired. You can choose to donate your organs for transplantation, research, or education. Indicate your choice clearly.
Section 5: Choose whether you want your primary physician to have authority over your health care decisions. If so, provide the physician's name and contact information.
Sign and date the form in the presence of two witnesses or a notary public. Your witnesses must also sign, acknowledging that you are of sound mind and signing the directive voluntarily. Note the specific witnessing requirements to ensure your directive is legally binding.

After completing these steps, make sure to give a copy of the AHCD to your health care agent, your doctor, and any other relevant party. Keep the original in a safe but accessible place, and inform your family or close friends of its location. Remember, you can revise or revoke your AHCD at any time, but you must communicate these changes to everyone who has a copy.

More About California Advanced Health Care Directive

What is a California Advanced Health Care Directive?

A California Advanced Health Care Directive (AHCD) is a legal document that allows individuals to outline their preferences for medical treatment in circumstances where they are unable to communicate these wishes themselves. This document can include instructions on specific medical treatments an individual does or does not want, appoint a health care agent to make decisions on their behalf, and convey other health-related wishes.
Who should complete a California Advanced Health Care Directive?

Any adult who wishes to express their health care preferences for future treatment should complete an AHCD. It provides peace of mind, ensuring that your health care wishes are known and can be followed by family members and medical providers if you are unable to communicate.
How can one appoint a health care agent in California?

To appoint a health care agent in California, you must complete the relevant section of the AHCD form, where you will provide the name, address, and contact information of the person you are appointing. This person will have the authority to make health care decisions on your behalf if you are incapacitated. It is crucial to discuss your health care wishes with your chosen agent ahead of time.
What kinds of decisions can a health care agent make?

A health care agent can make a broad range of medical decisions on your behalf. This includes decisions about starting or stopping treatment, selecting or discharging health care providers and institutions, and accessing medical records. However, any specific limitations on the agent's authority should be clearly outlined in the AHCD.
Can a California Advanced Health Care Directive be revoked or changed?

Yes, an individual can revoke or change their AHCD at any time, as long as they are of sound mind. Revocation can be done in writing, by destroying the document, or by orally communicating the intent to revoke. To make changes, a new AHCD should be completed and distributed to relevant parties, replacing the older version.
What happens if someone does not have an Advanced Health Care Directive in California?

If an individual has not established an AHCD and becomes unable to make their own health care decisions, California law provides a hierarchy of individuals who are authorized to make decisions on behalf of the incapacitated person. This list typically begins with the spouse or domestic partner, followed by adult children, parents, and then siblings. Absent an AHCD, these decisions may not reflect the person's own wishes.
Is a lawyer needed to complete an Advanced Health Care Directive in California?

While it is not required to use a lawyer to complete an AHCD, consulting a legal professional who is knowledgeable about California's health care laws can be beneficial. A lawyer can help ensure that the document accurately reflects your wishes and meets all legal requirements. However, legal templates and resources are available for individuals who choose to prepare their AHCD without a lawyer.
How should a completed California Advanced Health Care Directive be stored?

Once completed, the AHCD should be stored in a safe but accessible place. Copies should be given to the appointed health care agent, family members, and your primary care physician. It's also advisable to let close friends know where the document is stored or give them copies. Some individuals choose to file their AHCD with an advance health care directive registry, which makes it accessible to health care providers when needed.

Common mistakes

One common mistake people make when filling out the California Advanced Health Care Directive form is not discussing their wishes with their chosen agent ahead of time. It's crucial that the person you appoint to make decisions on your behalf knows what you want. Without this conversation, your agent might be unaware of your preferences, which can lead to decisions that don't align with your values.

Another error involves not specifying preferences clearly. The form offers a chance to express wishes regarding life-sustaining treatment, organ donation, and more. Being vague or indecisive can place an undue burden on your loved ones and healthcare providers. Specificity is key to ensuring your healthcare directive is followed according to your wishes.

Many people forget to update their form after significant life events, such as marriage, divorce, the birth of a child, or a diagnosis of a chronic illness. These events can alter your perspective and decisions regarding healthcare. Regularly reviewing and updating your directive ensures it accurately reflects your current wishes.

A technical but crucial oversight is neglecting to sign the form in the presence of the required witnesses or a notary public. This step is fundamental for the document to be legally valid. Without proper witnessing, the directive might not be recognized by healthcare providers.

Choosing the wrong agent is another mistake. The role requires someone who is not only trustworthy but also willing and able to make potentially tough decisions under stress. Appointing someone without considering their ability or willingness to act in your best interest can lead to complications.

Some people mistakenly think that filling out the form is enough. However, if healthcare providers and close family members are unaware of the document’s existence, it cannot guide your care. Communicating with your healthcare providers and giving them a copy of your directive is crucial.

Not considering a secondary or alternate agent is a common oversight. If your primary agent is unavailable or unwilling to serve at the needed time, having no alternate can create a vacuum in decision-making. Providing a backup ensures that someone is always available to advocate for your wishes.

Failing to address specific scenarios, like dementia or permanent unconsciousness, is another mistake. These situations can be particularly challenging to navigate without guidance. Expressing your wishes for such circumstances can provide clarity and peace of mind for you and your loved ones.

Ignoring the legal requirements specific to California is a serious error. Each state has its own laws regarding health care directives. Ensuring your directive complies with California law is essential for its validity and enforceability.

Last but not least, assuming that the directive covers all aspects of health and personal care is a misconception. The directive is primarily for medical decisions. It’s important also to have discussions and possibly other legal documents in place for non-medical personal care preferences and financial decisions.

Documents used along the form

The California Advanced Health Care Directive form is an essential document that allows individuals to outline their wishes regarding medical treatment and end-of-life care. This directive serves as a guiding document for healthcare providers and loved ones, ensuring that the individual's preferences are respected even if they become unable to communicate their desires due to illness or incapacity. Alongside this crucial document, there are several other forms and documents often utilized to complement and expand upon the directives specified. These additional documents further safeguard an individual's healthcare and personal wishes.

Power of Attorney for Health Care: This document is closely tied to the Advanced Health Care Directive but focuses specifically on appointing an agent to make healthcare decisions on behalf of the individual if they are unable to do so.
Living Will: While the Advanced Health Care Directive covers a broad spectrum of health care decisions, a living will specifically outlines wishes regarding life-sustaining treatment in scenarios where recovery is not expected.
Physician Orders for Life-Sustaining Treatment (POLST): This form complements the advance directive by translating an individual's end-of-life wishes into actionable medical orders, aimed particularly at those with serious illness or frailty.
Durable Power of Attorney for Finances: While not a healthcare document per se, this legal form designates someone to manage the individual's financial affairs if they become incapacitated, ensuring that resources are available for their care.
Do Not Resuscitate (DNR) Order: A DNR specifically addresses the issue of not wanting resuscitative measures if the heart stops or if breathing ceases. It is a critical document for those who want to avoid possible invasive treatments at the end of life.
Privacy Authorization Form (HIPAA Release): This form allows healthcare providers to share the individual's health information with designated persons, not just the healthcare agent, ensuring loved ones and care providers are fully informed.

These documents, when used in conjunction with the California Advanced Health Care Directive, provide a comprehensive approach to end-of-life planning. They ensure that an individual's healthcare preferences are understood and respected, financial matters are managed, and privacy considerations are addressed. It's important for individuals to discuss these documents with their healthcare providers, legal counsel, and loved ones to ensure all aspects of their care and wellbeing are effectively planned for and communicated.

Similar forms

Living Will:
Similar to the California Advanced Health Care Directive, a Living Will allows individuals to outline their preferences for medical treatment should they become unable to communicate their wishes due to illness or incapacity. Both documents serve as a guide for healthcare professionals and family members regarding the care the individual desires, focusing on end-of-life treatment options and measures.
Durable Power of Attorney for Health Care:
This document, like the California Advanced Health Care Directive, empowers a trusted person to make healthcare decisions on behalf of the individual if they are unable to do so themselves. The scope of authority granted to the designated agent can include decisions about medical procedures, choosing health care providers, and making end-of-life care decisions.
Do Not Resuscitate (DNR) Order:
Similar in its health-related focus, a DNR order instructs medical personnel not to perform CPR if the patient's breathing stops or if the heart stops beating. The California Advanced Health Care Directive encompasses wishes related to resuscitation as part of broader advance care planning, allowing for a more comprehensive approach to end-of-life care preferences.
Medical Orders for Life-Sustaining Treatment (MOLST):
MOLST forms detail specific medical orders related to life-sustaining treatment preferences. Like the California Advanced Health Care Directive, these documents are used to communicate an individual's choices concerning receiving, withholding, or withdrawing life-sustaining measures when facing a serious health condition.
Five Wishes Document:
This document addresses personal, emotional, and spiritual needs in addition to medical wishes, similar to the holistic approach of the California Advanced Health Care Directive. It allows individuals to record their care and treatment preferences in a detailed manner, touching on comfort care, how they want to be treated, and what they want their loved ones to know.
Health Care Proxy:
A Health Care Proxy designates another person to make health care decisions on behalf of the individual should they become incapable of making informed decisions. This role mirrors that of the agent assigned through the California Advanced Health Care Directive, emphasizing the importance of appointing a decision-maker aligned with the individual's values and wishes.
Organ and Tissue Donation Registration:
While focused specifically on the donation of organs and tissues after death, this registration shares the proactive, decision-making spirit of the California Advanced Health Care Directive. It allows individuals to make clear decisions about organ donation, which can be incorporated into their overall advance care planning included in the directive.

Dos and Don'ts

When filling out the California Advanced Healthcare Directive form, it's important to understand both what you should and shouldn't do to make sure your healthcare wishes are understood and respected. Below is a list of guidelines to follow:

What You Should Do:

Read the entire form thoroughly before you start filling it in to ensure you understand all parts and how they apply to your wishes.
Provide clear and specific guidance on your healthcare preferences, including treatment you do want and treatment you wish to avoid.
Discuss your healthcare wishes with your chosen healthcare agent(s) to ensure they understand and are willing to honor your directions.
Include contact information for your healthcare agent(s) so they can be easily reached in an emergency.
Sign and date the form in the presence of two qualified witnesses or a notary to ensure its legal validity.
Give copies of the completed form to your healthcare agent, primary physician, and family members so they are aware of your wishes.
Review and update your Advanced Healthcare Directive as necessary, especially after any significant life changes or shifts in your health preferences.
Use clear, concise language to avoid any possible confusion about your healthcare instructions.
Consult with a healthcare professional if you have questions about medical treatments or interventions mentioned in the form.
Consider including a prehospital Do Not Resuscitate (DNR) order if applicable, and make sure it's filed separately for emergency medical services.

What You Shouldn't Do:

Avoid leaving any sections blank; if a section doesn't apply, mark it as N/A (Not Applicable) to show that you have reviewed it.
Don't assume your healthcare provider knows your wishes without having a conversation about your directive.
Avoid using ambiguous or vague terms that could be open to interpretation.
Do not forget to notify your healthcare agent if you decide to revoke or change your directive.
Refrain from assuming that your healthcare directive will be automatically transferred or communicated between different healthcare providers and facilities.
Don't choose a healthcare agent without discussing it with them; ensure they are willing and able to act on your behalf.
Avoid keeping your Advanced Healthcare Directive in a safe or other secure location where others cannot access it in an emergency.
Do not rely solely on verbal instructions to family or healthcare providers; ensure your wishes are documented formally in the directive.
Avoid using medical terms or references you do not fully understand without seeking clarification.
Do not wait until you are too ill to make your healthcare preferences known; complete the directive while you are able to convey your wishes clearly.

Misconceptions

When it comes to planning for future healthcare decisions, many people in California consider creating an Advanced Health Care Directive (AHCD). However, there are quite a few misconceptions about what the AHCD form is and how it functions. Let's clarify some of these common misunderstandings:

It's only for the elderly. People of all ages may face medical emergencies or conditions that leave them unable to communicate their health care wishes. An AHCD isn't just for older adults; it's a wise choice for anyone who wants to have a say in their medical treatment.
My family knows my wishes, so I don't need one. Even if you've discussed your preferences with your loved ones, in stressful situations, remembering or conveying your wishes accurately can be challenging for them. An AHCD provides a clear guide for your family and healthcare providers.
It’s too complicated to set up. Although the idea of planning for future healthcare decisions can seem overwhelming, setting up an AHCD is a relatively straightforward process. California provides forms designed to be completed without the need for a lawyer, although consulting one can provide additional peace of mind and clarity.
I can only make decisions about life-support treatment. An AHCD allows you to make decisions about a wide range of health care issues, not just life-support treatment. This includes your preferences for pain management, organ donation, and other end-of-life care options.
If I change my mind, I'm stuck with my original decisions. You can update or revoke your AHCD at any time as long as you are competent. Health care preferences can change over time, and the law allows you to reflect those changes in a new directive.
An AHCD means doctors won’t try to save my life. Having an AHCD does not mean that your healthcare providers will withhold lifesaving treatments. It simply guides them on your preferences in situations where you cannot communicate, ensuring treatments align with your wishes.
Only a family member can be my healthcare agent. While many people choose a family member as their healthcare agent, you are free to choose anyone you trust to understand your healthcare wishes and advocate on your behalf. This can be a close friend, partner, or anyone significant to you.
A lawyer must create my AHCD for it to be valid. You do not need a lawyer to complete an AHCD. The form must be filled out according to California law requirements, which includes proper completion and witnesses. However, consulting with a lawyer can help ensure that all aspects of your healthcare wishes are covered comprehensively.
Hospitals can refuse to honor my AHCD. In California, healthcare providers and institutions are legally required to respect the decisions made in your AHCD. If a hospital cannot comply with your directives for policy reasons, they are generally required to transfer you to a facility that will honor your wishes.

Understanding the truth about these misconceptions can empower you to make informed decisions about your health care directives, ensuring your wishes are respected, even when you cannot speak for yourself.

Key takeaways

Filling out the California Advanced Health Care Directive form is an important step in ensuring your health care wishes are known and acted upon, should you be unable to communicate these wishes yourself. Here are several key takeaways to keep in mind as you complete and use this form:

Understand the components: The form contains parts that allow you to appoint a health care agent, specify your health care wishes, and decide on organ donation. Understanding each section is crucial for accurately conveying your wishes.
Choose your agent wisely: Your health care agent will have the authority to make health care decisions on your behalf if you are incapacitated. Select someone you trust, who understands your values, and is willing to advocate for your wishes.
Be specific about your wishes: Provide clear and detailed instructions regarding your health care preferences to guide your agent and health care providers. Include your thoughts on life-sustaining treatment, pain management, and other care you want or wish to avoid.
Discuss your decisions: It is essential to talk about your wishes with your chosen agent, family members, and health care providers. These conversations can reduce confusion and conflict in stressful situations.
Legalization is a must: For the directive to be valid, it must be completed correctly, including being signed and either notarized or witnessed by two adults. Review the specific witnessing requirements to ensure compliance.
Keep it accessible: Once completed, store your Advanced Health Care Directive in a safe but accessible place. Ensure your agent, family, and health care providers know where it is and can access it when needed.
Review and update regularly: Your preferences may change over time due to changing health conditions or personal beliefs. Review and, if necessary, update your directive to reflect your current wishes and maintain its effectiveness.

Properly completing and communicating your California Advanced Health Care Directive is a profound act of care—for yourself and your loved ones. It provides a clear pathway for decision-making in times when clarity and compassion are needed most.

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