What is a health care directive and how does it work?

A health care directive, also known as a living will, is a legal document in which an individual (known as the “principal”) gives instructions about their health care wishes, in the event of becoming incapacitated and being unable to communicate those wishes. This document allows the principal to designate a person (known as an “agent”) to make health care decisions for them. This document also allows the principal to state their wishes for medical treatment, such as life-sustaining consent or denial, in the event of serious or terminal illness. In the state of California, a health care directive must be in writing and must be signed and dated by the principal in the presence of two witnesses, or be signed and dated by the principal and one witness, in the presence of a notary public. It is important to note that health care providers, hospitals, and health care facilities in California are required to provide a copy of the health care directive upon request. Once a health care directive is created, it should be provided to the agent, the principal’s health care provider, and any other health care facility that the principal may use. When the principal is incapacitated, the agent will have access to the document and will be responsible for making the health care decisions in accordance with the principal’s wishes. The principal’s health care provider is also responsible for ensuring that the principal’s wishes are followed. In summary, a health care directive is a legal document that allows an individual to direct their health care wishes in the event of becoming incapacitated. A health care directive must be properly created and executed in order to be considered legally binding in California. It should be provided to the agent, the principal’s health care providers, and any other health care facility that the principal may use.

Related FAQs

What is a guardianship and how do I set one up?
What are the tax implications of giving away property?
How do I create a trust for a minor?
What is a trust?
How can I prepare an estate plan?
What is a Medicaid waiver program?
How do I plan for long-term care and elder care needs?
What is an irrevocable trust?
How do I create a living will?
What is a health care directive and how does it work?

Related Blog Posts

Essential Questions to Ask about Elder Law - July 31, 2023
Frequently Overlooked Considerations in Elder Law - August 7, 2023
Financial Benefits of Elder Law Planning - August 14, 2023
Navigating the Complexity of Long-Term Care Planning with Elder Law - August 21, 2023
The Cost of Not Planning for Elder Law - August 28, 2023