Blank California Advanced Health Care Directive PDF Form Edit Document

Blank California Advanced Health Care Directive PDF Form

The California Advanced Health Care Directive is a legal document that allows individuals to outline their healthcare preferences in case they become unable to communicate their wishes. This form empowers people to designate a trusted person to make medical decisions on their behalf and to specify their treatment preferences. Understanding and completing this directive is essential for ensuring that one's healthcare choices are respected.

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In California, individuals have the opportunity to make critical decisions about their medical care in advance through the Advanced Health Care Directive form. This important document allows a person to outline their preferences regarding medical treatment and appoint a trusted individual to act on their behalf should they become unable to communicate their wishes. By addressing key aspects such as life-sustaining treatments, organ donation, and pain management, the directive ensures that a person's values and desires are respected in times of medical crisis. The form also includes provisions for appointing a healthcare agent, who will be responsible for making healthcare decisions according to the individual's stated preferences. Understanding the nuances of this directive can empower individuals to take control of their healthcare decisions, providing peace of mind for themselves and their loved ones. It is essential to carefully consider and complete this document, as it serves as a vital tool in navigating complex medical situations and can significantly impact the quality of care received.

Sample - California Advanced Health Care Directive Form

ADVANCE HEALTH CARE DIRECTIVE FORM

 

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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

PAGE 3 of 7

(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.)

 

ADVANCE HEALTH CARE DIRECTIVE FORM

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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

PAGE 5 of 7

(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)

(signature of witness)

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 6 of 7

 

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.)

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 7 of 7

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)

 

 

 

Document Breakdown

Fact Name Description
Purpose The California Advanced Health Care Directive allows individuals to outline their medical preferences and appoint a healthcare agent.
Governing Law This directive is governed by the California Probate Code, specifically sections 4600-4806.
Eligibility Any adult who is at least 18 years old can complete this form.
Healthcare Agent Individuals can designate a trusted person to make medical decisions on their behalf if they become unable to do so.
Medical Preferences The form allows individuals to specify their wishes regarding life-sustaining treatments and other medical interventions.
Revocation Individuals can revoke or change their directive at any time, as long as they are competent to do so.
Witness Requirements The directive must be signed in the presence of two witnesses or notarized to be valid.
Storage It is advisable to keep the completed directive in a safe place and share copies with family members and healthcare providers.
Legal Status The directive is legally recognized in California and can be used to guide medical decisions in healthcare settings.
Resources California provides resources and guidance through the California Department of Public Health to assist individuals in completing the directive.

Check out Other Forms

Misconceptions

The California Advanced Health Care Directive is a vital document that allows individuals to express their healthcare wishes. However, several misconceptions can lead to confusion about its purpose and use. Here are nine common misconceptions:

  1. It’s only for the elderly. Many believe that only seniors need an Advanced Health Care Directive. In reality, anyone over the age of 18 can benefit from having one, as unexpected medical situations can arise at any age.
  2. It’s the same as a living will. While both documents address healthcare decisions, a living will specifically outlines treatment preferences, whereas an Advanced Health Care Directive can also appoint someone to make decisions on your behalf.
  3. It’s only necessary if you are terminally ill. This is not true. The directive is useful in any situation where you might be unable to communicate your wishes, regardless of your current health status.
  4. Once it’s signed, it cannot be changed. This is a misconception. You can update or revoke your Advanced Health Care Directive at any time, as long as you are mentally competent to do so.
  5. It only applies to end-of-life decisions. The directive covers a broad range of healthcare decisions, not just those related to end-of-life care. It can include preferences for treatment in various medical scenarios.
  6. Healthcare providers will not follow it. Healthcare providers are legally obligated to follow the instructions outlined in your Advanced Health Care Directive, as long as it complies with state laws.
  7. It’s too complicated to fill out. While the form may seem daunting, it is designed to be user-friendly. Many resources are available to help you understand and complete it.
  8. You only need to discuss it with your family. While family discussions are important, it’s equally vital to share your wishes with your healthcare provider and the person you designate as your healthcare agent.
  9. It’s only effective in California. Although the form is specific to California, other states have similar documents. If you travel or move, you should check the laws in those states regarding healthcare directives.

Understanding these misconceptions can help you make informed decisions about your healthcare preferences. Taking the time to complete an Advanced Health Care Directive is a proactive step towards ensuring your wishes are honored.

Documents used along the form

The California Advanced Health Care Directive form is a crucial document that allows individuals to express their healthcare preferences and designate an agent to make medical decisions on their behalf. When preparing for future healthcare needs, there are several other important forms and documents that can complement this directive. Below is a list of these documents, each serving a unique purpose.

  • Durable Power of Attorney for Health Care: This document allows you to appoint someone to make healthcare decisions for you if you become unable to do so. It is often used alongside the Advanced Health Care Directive.
  • Living Will: A living will specifies your wishes regarding medical treatment in situations where you are terminally ill or permanently unconscious. It focuses on the types of medical interventions you do or do not want.
  • Do Not Resuscitate (DNR) Order: This order instructs medical personnel not to perform CPR if your heart stops beating. It is typically used in emergency situations and should be discussed with your healthcare provider.
  • POLST (Physician Orders for Life-Sustaining Treatment): This is a medical order that outlines your preferences for life-sustaining treatments. Unlike a living will, it is actionable and must be signed by a physician.
  • Organ Donation Registration: This document allows you to express your wish to donate your organs after death. It can be included in your Advanced Health Care Directive or registered separately.
  • Health Care Proxy: Similar to a Durable Power of Attorney, a health care proxy designates someone to make medical decisions for you when you are unable to communicate your wishes.
  • Beneficiary Designations: This document specifies who will receive your assets after your death. While not directly related to healthcare, it is essential for overall estate planning.
  • California Operating Agreement: This essential document outlines the management structure and operational procedures of a limited liability company (LLC) in California. To ensure compliance, you can fill out the form available at califroniatemplates.com/.
  • Estate Plan: An estate plan includes various documents, such as wills and trusts, that outline how your assets will be managed and distributed. It complements your healthcare directives by ensuring your financial wishes are also addressed.

Understanding these documents can empower you to make informed decisions about your healthcare and estate planning. It is advisable to consult with a legal professional to ensure that all documents align with your wishes and comply with state laws.