EDUCATION
Advance Healthcare Directive
An advance healthcare directive allows you to name a trusted individual known as an “agent” to handle your healthcare decisions in case you become incapacitated during your lifetime.
The Advance Healthcare Directive (AHCD) takes decisions out of the hands of unknown medical personnel and places the responsibility and gives the power to your agents: family members or other trusted loved ones.
The directive carries out your wishes and alleviates the stress and uncertainty faced by your family members that may have to “Play God” by guessing your healthcare wishes.
By determining your medical wishes now before you become incapacitated you ensure that your healthcare decisions will remain your own.
Decisions Included
What Types of Medical Decisions Are Included in the Advance Health Care Directive?
Your advance healthcare directive may contain any medical directions you want. Some of the major medical decisions made will concern decisions such as:
End of Life Treatment: including the choice to prolong life or not prolong life.
Final Disposition: Cremation vs. Burial, Funeral Arrangements, etc.
Organ Donation
Desire for Pain Relief
Religion-Based Desires
Any Other Desires
When to Create
When Should I Create My Advance Health Care Directive?
It’s imperative that you create an Advance Healthcare Directive now, while you're still fully capable of handling your own medical affairs. If you become “incapacitated” for any reason (accident, illness, or age, for instance), the advance health care directive becomes invaluable to ensure you receive the medical care you want and that your named trusted “agent” oversees your care and ensures your wishes are carried out.
Keep It Updated
You’ll want to keep your advance healthcare directives up to date or your advance healthcare directive could be ineffective when you need it most.
An older Health Care Directive (AHCD) executed in the past may cause the following problems:
AHCD executed before 1992 expires in seven (7) years.
AHCD executed before 2000 that have statements concerning life-support are not mandatory. This means that agents have the discretion regarding life support regardless of the provisions contained in the AHCD.
AHCD executed before 2004 may not be compliant with the Health Insurance Portability and Accountability Act (HIPAA) or California CMIA law that allows your agent to receive medical information from your provider.
Who Can Act as an Agent
Who Can Act as My Agent to Make Health Care Decisions?
The person who acts as your fiduciary in an advance healthcare directive is called an agent. The important thing to remember is that you want to pick an agent that is trustworthy, dependable, and willing and able to act on your behalf when you are incapacitated and no longer able to make healthcare decisions.
Because estate planning documents are confidential, you should provide a copy of your Advance Healthcare Directive to both your primary physician, and your agent(s) upon execution. This ensures they will be able to prove they have the authority to act quickly in the case of an emergency.
