A complete estate plan is built around a Living Trust, and includes the California Advance Health Care Directive. This is another aspect of estate planning that is concerned with what happens to you while you are still alive. It also helps protect your assets while you are still alive. In this way, it is very similar to the Power of Attorney for Financial Affairs.

Do you recall the situation in Florida several years ago involving Terri Schiavo? She ended up in a vegetative state after an accident. For ten years the family fought in court about whether to keep her alive artificially or to let her go. It was a terrible and expensive fight. This could have been avoided completely if Terri had had an Advance Health Care Directive. Her wishes would have been known and would have been followed.

I usually talk with my clients to determine what their feelings are regarding these issues. Basically, there are four options with regard to end of life decisions. On the one hand, you may want to have the doctors do everything possible to keep you alive under any circumstances. On the other hand, if you progress to a point where you in an irreversible coma, with no hope of recovery where you are being kept alive artificially, you may wish to have the doctors stop these extraordinary procedures at that point. I also discuss with my clients the desire to be free from any pain during this time and that can be written into the directive.

One reason while this directive should be drawn up in a legal manner is that doctors and hospitals are afraid of making any kind of mistake when it comes to these decisions. This document has to follow very specific rules which comply with the HIPAA regulations. If it does not, the hospitals may not follow it. The hospitals may do what they think they must do to avoid litigation in the future. This may not be what you desire. I make sure that all my health care directives are HIPPA compliant and signed by a notary public.

You also may find yourself in a situation where the doctors may have a choice between several different procedures that could be performed to save you. The problem is you may be unconscious and unable to make the decision. Therefore, an important aspect of the Advance Health Care Directive is naming an agent who can make decisions for you when you can’t. In this way, the Advance Health Care Directive and the Power of Attorney for Financial Affairs are very similar. You should think of a few people who you would trust to make these decisions for you. Ideally these people are people you know well and would know what your wishes would be in different circumstances. As with the Power of Attorney for Financial Affairs, you should name a few people who could do this. So you would name the first person, and if that person could not serve for some reason, the second person, and so on. I usually advise my clients to have three people if possible.

Please give me a call if you have any questions regarding this important document at (925) 200-3936.