The structure of California Advance Health Care Directive is regulated by CA Probate Code inclidung life-support treatment, organ donation and post-death arrangement

California Health Care Directive, advance medical directive

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California state law - Advance Health Care Directive, Living Will (Instructions for Health Care), Medical Power of Attorney, Donation of Organs at Death, Primary Physician designate by CA Probate Code



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California Advance Medical and Health Care Directive  

California Law Summary
Health Care Directive
and Revocable Living Will

The structure of the California Advance Health Care Directive is regulated by the California Probate Code.
The California Advance Health Care Directive combines into one document the Durable Power of Attorney for Health Care, the Living Will, and the Directive to Physicians regarding organ donation.
While state law requires that certain provisions appear in your health care directive, there is no single form in use to document your wishes.
California Law does not require that you follow the three-documents-in-one formula. You may choose to appoint an agent to make important health-related decisions for you in a Power of Attorney for Health Care but not to sign the Living Will; or, if you already have a Power of Attorney for Health Care (Medical Power of Attorney), you may want to purchase a Living Will only.
In your Living Will, you may give specific instructions about your health care while you are in a sound state of mind, whether or not you appoint an agent to handle your health related matters.
You may state your preferences in regards to withholding/sustaining life-support treatment, organ donation, and post-death arrangements.

Part 1 - Medical Power of Attorney - lets you name another individual as an 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. Space is provided 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:
  • Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.
  • Select or discharge health care providers and institutions.
  • Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.
  • Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.
  • Make anatomical gifts; authorize an autopsy, and direct disposition of remains.
Part 2 - Instructions for Health Care 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 - Donation of Organs at Death lets you express an intention to donate your bodily organs and tissues following your death.
Part 4 - Primary Physician lets you designate a physician to have primary responsibility for your health care.
* * *

California Advance Health Care Directive To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.



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