All of us will face the end of our lives eventually. None of us know when we’ll pass away, and some will have more time to contemplate it than others. But no matter what, we must all accept the inevitable and plan for it, so those who love us aren’t left in untenable positions because of our lack of action.
Those with reason to believe they may face medical incapacitation – or simply want to address the possibility – should set up an advanced healthcare directive as soon as they can. This crucial element of estate planning lets you provide clear instructions for what should be done if an injury or illness renders you unable to make your own healthcare decisions or clearly express your wishes.
As uncomfortable as it may be to plan for the possibility of a debilitating illness, health care directives ultimately benefit you and your loved ones. We’ll address the fundamentals of advance directives under California law and how they fit into the larger puzzle of estate planning.
How a California Advance Healthcare Directive Protects You
A California advance health care directive takes effect immediately or if you are unable to communicate your treatment preferences for any reason. Common situations where these directives would apply include coma, severe brain damage or brain death, and illnesses or injuries that leave little to no hope of recovery.
Advance directives provide specific instructions for doctors, nurses, and other healthcare professionals to follow in those circumstances or similarly dire straits. They can contain preferences regarding the following matters:
- Chemotherapy and cancer treatment
- Life-sustaining treatments and technology
- Resuscitation or intubation, via do-not-resuscitate (DNR) or do-not-intubate (DNI) stipulations
- End-of-life procedures (e.g., painkilling and palliative medications or other treatments)
California Health Care Directives vs. Medical Power of Attorney
Both designations can be valuable in estate planning. But they’re sometimes seen as essentially interchangeable, which isn’t the case. Let’s explore how these designations relate to each other:
- Under California law, an advanced healthcare directive includes a designation for medical power of attorney.
- The person with medical power of attorney over a patient (sometimes called a healthcare proxy or healthcare agent) has authority to make decisions on the designated individual’s behalf. Like an advance directive, this is especially valuable for incapacitated patients.
- In virtually all cases, an advance healthcare directive in California takes precedence over all other designations. Family members can’t override it (e.g., in the case of a DNR order that they don’t agree with).
- Someone with medical power of attorney can successfully oppose a DNR, DNI, or similar stipulation if the patient’s physician goes along with such a choice. However, this is quite rare. Physicians are ethically bound to follow advance directives and can only supersede them for medically valid reasons. Also, having medical power of attorney comes with its own ethical responsibility to respect a patient’s wishes.
