ADVANCE HEALTH CARE DIRECTIVES
DURABLE POWERS OF ATTORNEY FOR HEALTH CARE DECISIONS
Los Angeles – Riverside – San Bernardino – Orange County - California
Making Sure Your Wishes Are Followed
You may have already discussed end-of-life issues such as whether to continue life prolonging care when terminally ill, however, unless such wishes are put into writing, a family controversy is likely to arise, and your wishes may not be followed.
In California, the law authorizes the use of an Advance Health Care Directive (sometimes called a Living Will in other states) to make a binding decision in advance of your incapacity.
Appointing A Person To Make Decisions For You
In addition to the Advance Health Care Directive, you may also execute a Durable Power of Attorney for Health Care Decisions to appoint an agent to make health care decisions for you if you are unable to make them for yourself in the future.
The Advance Health Care Directive and Durable Power of Attorney for Health Care Decisions are often contained in a single document.
The California Medical Association produces an excellent, fill-in the blank form which combines the Advance Health Care Directive and the Durable Power of Attorney for Health Care Decisions.
This form available from the California Medical Association website has easy to understand instructions, and it is easily recognized and accepted among California doctors, hospitals, and other health care providers.
Avoiding HIPAA Problems
An effective Durable Power of Attorney for Health Care Decisions should contain language that avoids the privacy restrictions created by HIPAA (Health Insurance Portability and Accountability Act of 1996); otherwise even your spouse might not be able to review your medical records, or inquire about medical billing.
Medical Decision Authority
With a Durable Power of Attorney for Health Care Decisions, you may appoint your spouse, adult child, or trusted friend with the authority to:
· Hire and fire doctors
· Consent to surgery and other medical care
· Move you in and out of a hospital, nursing home, or assisted living center
· Make any and all decisions for you (except those covered by your Advance Health Care Directive)
Protect Your Rights and Assets
Incapacity planning is an important legal decision.
Call me directly at 1-714-385-0044 to schedule a a free 30 minute consultation
or email me.
Dwight Edward Tompkins, Orange County Attorney
Orange County Incapacity Planning - Serving: Aliso Viejo, Anaheim Hills, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Hawaiian Gardens. Los Angeles County Incapacity Planning - Serving: Downey, Harbor City, Inglewood, La Puente, Los Angeles, Lynwood, Norwalk, Paramount, Pico Rivera, Santa Fe Springs. Ricerside County Incapacity Planning. San Bernardino County Incapacity Planning.
