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News Updated Date : |
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November 23rd, 2009 12:41pm |
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The California Health Care Decisions Law,
effective July 1, 2000, consolidated previous advance directives
into the new Health Care Directive (AHCD). Advance health care directives allow
you to have legal control over your health care treatment in the
event that you are unable to speak for yourself. California’s Advance Health Care
Directive provides an efficient and flexible format for
planning your future health care.
Are previous directives still
valid?
Any previous advance directive such as a Durable Power of
Attorney for Health Care or a Natural Death Act that was valid in
California as of July 1, 2000 is still valid. If you completed a
Durable Power of Attorney for Health Care before 1992, it has
expired. If you have already executed a Durable Power of Attorney
for Health Care and/or a Natural Death Act, you should check to see
that the forms have not expired and still reflect your
wishes.
Laws concerning advance directives vary from state to state.
If you have executed an advance directive in another state, you
will also want to complete a California AHCD to ensure that you
meet California’s legal requirements for stating your health
care wishes.
What is the Advance Health Care Directive
(AHCD)?
The AHCD allows you to do either or both of the following two
things to prepare yourself in the event that you become
incapacitated:
1) Appoint a health care agent. The AHCD allows you to
appoint a health care agent (also known as “Durable Power of
Attorney for Health Care” or “attorney-in-fact”),
who will have the legal authority to make health care decisions for
you if you are no longer able to speak for yourself.
2) Prepare instructions for health care. The AHCD allows you
to make specific written instructions for your future health care
in the event of any situation in which you can no longer speak for
yourself. The AHCD replaces the Natural Death Act and is now
recognized as the legal format for a living will in the state of
California.
Whom should I choose as a health care
agent?
In selecting a health care agent, you should choose a person
whom you trust, such as a family member, spouse, partner or close
friend. The person you choose should know your personal values and
beliefs. If possible, you should choose someone who lives in your
area in case they are called upon to direct your treatment for an
extended period of time.
You should discuss your health care wishes with your agent and be
sure he or she understands the responsibilities of a health care
agent and is willing to act on your behalf.
Are there restrictions on who can become a health
care agent?
Yes. The law excludes certain people from acting as your
health care agent or alternate agent. Your agent cannot be your
supervising health care provider or the operator of a community or
residential care facility in which you are receiving assistance.
Nor can your agent be an employee in a residential, community or
health care facility in which you are receiving care, unless that
person is a relative, spouse or co-worker.
Should I choose an alternate health care
agent?
You should choose at least one alternate person to act as
your agent in case your first choice is unable or unwilling to make
health care decisions for you. Most standardized forms will provide
a designated place for you to write in your alternate
agents.
How much decision-making power can I give my health
care agent?
The AHCD allows you to give your health care agent as broad
or as limited powers as you choose. The powers you can give to your
agent include:
- The right to select or discharge care providers and
institutions;
- The right to refuse or consent to treatment;
- The right to access medical records; and
- The right to withdraw or withhold life-sustaining
treatment.
In the case of death, you may also permit or restrict your
agent to make organ donations, authorize an autopsy, and direct the
disposition of your remains.
When does an agent begin making decisions for
me?
Your health care agent begins making
decisions for you only when you are no longer able to make
decisions for yourself. However, if you choose, you may stipulate
in the AHCD to have your health care agent begin making decisions
for you immediately. You may revoke a health care agent at any time
(see below on changing and revoking your AHCD).
Does my agent take responsibility for my medical
bills?
Your agent will not be liable for any of your medical bills,
unless that person is already legally responsible for your debts.
In the event of death, your health care agent may be responsible
for fees concerning the disposition of your body if you have not
made other arrangements.
May I give my health care agent power over my
finances?
The AHCD does not give your healthcare agent the authority to
make financial decisions for you. To give your healthcare agent (or
another individual) authority over your financial affairs, you can
do so through a separate legal procedure, such as a Durable Power
of Attorney for Assets Management or a Revocable Living
Trust.
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