Advance Healthcare Directives
An Advance Healthcare Directive (AHD) is a legal document that allows individuals to express their healthcare wishes and designate someone they trust to make medical decisions on their behalf if they become unable to communicate those decisions themselves.
An Advance Healthcare Directive can help provide guidance to loved ones and healthcare providers during difficult circumstances by clearly documenting personal preferences regarding medical care, treatment options, and healthcare decision-making authority.
In California, an Advance Healthcare Directive generally consists of two important components: the appointment of a healthcare agent and individual healthcare instructions.
Anatomy of an AHD
Healthcare Power of Attorney
This portion of the document allows an individual to appoint a trusted person, often referred to as a healthcare agent, to make medical decisions on their behalf if they become unable to make or communicate those decisions themselves.
Healthcare agents may be authorized to:
-
Communicate with doctors and healthcare providers
-
Access medical information when permitted by law
-
Make treatment-related decisions within the authority granted by the directive
-
Carry out the individual's documented healthcare wishes
Individual Healthcare Instructions
This section of the directive allows individuals to document their preferences regarding medical treatment and end-of-life care.
Healthcare instructions may address:
-
Life-sustaining treatment preferences
-
Artificial nutrition and hydration
-
Pain management preferences
-
Organ and tissue donation wishes
-
Burial or disposition instructions
-
Other healthcare-related preferences
What an Advance Healthcare Directive Can Do
An Advance Healthcare Directive may help:
-
Ensure healthcare wishes are documented in advance
-
Designate a trusted healthcare decision-maker
-
Provide guidance to family members during difficult situations
-
Reduce uncertainty regarding medical treatment decisions
-
Help healthcare providers understand an individual's preferences
What an Advance Healthcare Directive Generally Cannot Do
An Advance Healthcare Directive does not typically:
-
Authorize financial decision-making
-
Replace a Financial Power of Attorney
-
Override applicable laws or medical standards
-
Control the distribution of assets after death
-
Take effect for financial or business matters
Advance Healthcare Directives are often prepared alongside Financial Powers of Attorney and other estate planning documents to help create a more comprehensive plan for the future. Together, these documents can help ensure that both healthcare and financial matters are addressed if unexpected circumstances arise.