California Advance Health Care Directive

Submitted by Larry Brock 

(California Probate Code Section 4701)

Explanation

You have the right to give instructions about your own health care. You also have the right to

name someone else to make health care decisions for you. This form lets you do either or both of

these things. It also lets you express your wishes regarding donation of organs and the

designation of your primary physician. If you use this form, you may complete or modify all or

any part of it. You are free to use a different form.

Part 1

of this form is a power of attorney for health care. Part 1 lets you name another individual as 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. This form has a place 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:

a. Consent or refuse consent to any care, treatment, service, or procedure to

    maintain, diagnose, or otherwise affect a physical or mental condition.

b. Select or discharge health care providers and institutions.

c. Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.

d. Direct the provision, withholding, or withdrawal of artificial nutrition and

    hydration and all other forms of health care, including cardiopulmonary resuscitation.

e. Make anatomical gifts, authorize an autopsy, and direct disposition of remains.

Part 2

of this form 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

of this form lets you express an intention to donate your bodily organs and tissues following your death.

Part 4

of this form lets you designate a physician to have primary responsibility for your health care.

After completing this form, sign and date the form at the end. 

The form must be signed by two qualified witnesses or acknowledged before a notary public.

Give a copy of the signed and completed form to your physician, to any other health care

providers you may have, to any health care institution at which you are receiving care, and to any

health care agents you have named. You should talk to the person you have named as agent to

make sure that he or she understands your wishes and is willing to take the responsibility.

You have the right to revoke this advance health care directive or replace this form at any time.

* * * * * * * * * * * * * * * * *

PART 1

POWER OF ATTORNEY FOR HEALTH CARE

(1.1) DESIGNATION OF AGENT

I designate the following individual as my agent to make health care decisions for me:
(name of individual you chose as agent)
(address of agent)
(home phone)

OPTIONAL

If I revoke my agent's authority or if my agent is not willing, able, or reasonably

available to make a health care decision for me, I designate as my first alternate agent:
(name of individual you chose as first alternate agent)
(address of agent)
(home phone)

OPTIONAL

If I revoke the authority of my agent and first alternate agent or if neither is
willing, able, or reasonably available to make a health care decision for me, I designate as my
second alternate agent:
(name of individual you chose as second alternate agent)
(address of agent)

(home phone)

OPTIONAL

If I revoke the authority of my agent, first alternate agent and my second alternate
agent or if none is willing, able, or reasonably available to make a health care decision for me, I
designate as my third alternate agent:
(name of individual you chose as third alternate agent)
(address of agent)

(home phone)

(1.2) AGENT'S AUTHORITY

My agent is authorized to make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and
all other forms of health care to keep me alive, except as I state here:
(Add additional sheets if needed.)

(1.3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE

My agent's authority becomes effective when my primary physician determines that I am unable to make my own
health care decisions unless I mark the following box. If I mark this box [__], my agent's authority to make health care decisions for me takes effect immediately.

(1.4) AGENT'S OBLIGATION

My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this
form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.

(1.5) AGENT'S POSTDEATH AUTHORITY

My agent is authorized to make anatomical gifts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part
3 of this form: (Add additional sheets if needed.)

(1.6) NOMINATION OF CONSERVATOR

If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not
willing, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named, in the order designated.

PART 2

INSTRUCTIONS FOR HEALTH CARE

 If you fill out this part of the form, you may strike any wording you do not want.

(2.1) END-OF-LIFE DECISIONS

I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below:below:

(a) Choice Not To Prolong Life I do not want my life to be prolonged if (1) I have an

      incurable and irreversible condition that will result in my death within a relatively short time,

(2) I become unconscious and, to a reasonable degree of medical certainty, I will

not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh

the expected benefits, OR

(b) Choice To Prolong Life I want my life to be prolonged as long as possible within the

limits of generally accepted health care standards.

(2.2) RELIEF FROM PAIN

Except as I state in the following space, I direct that treatment for

alleviation of pain or discomfort be provided at all times, even if it hastens my death:

(Add additional sheets if needed.)

(2.3) OTHER WISHES

(If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that: (Add additional sheets if needed.)

PART 3

DONATION OF ORGANS AT DEATH

(OPTIONAL)

(3.1)

Upon my death (mark applicable box):

(a) I give any needed organs, tissues, or parts, OR

(b) I give the following organs, tissues, or parts only.

(c) My gift is for the following purposes (strike any of the following you do not want)

(1) Transplant

(2) Therapy

(3) Research

(4) Education

PART 4

PRIMARY PHYSICIAN

(OPTIONAL)

(4.1)

I designate the following physician as my primary physician:

(name of physician)

(address)

(phone)

* * * * * * * * * * * * * * * * *

PART 5

(5.1) EFFECT OF COPY:

A copy of this form has the same effect as the original.

(5.2) SIGNATURE:

Sign and date the form here:

(date) (sign your name)

(print your name)

(street address)

(city, state zip)

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

 

State of California )

County of San Bernardino )

On before me, , a Notary

Public, personally appeared , who proved to me on the basis of

satisfactory evidence to be the person whose name is subscribed to the within instrument and

acknowledged to me that he executed the same in his authorized capacity, and that by his

signature on the instrument the person, or the entity upon behalf of which the person acted,

executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

(5.3) STATEMENT OF WITNESSES

: I declare under penalty of perjury under the laws of

California (1) that the individual who signed or acknowledged this advance health care directive

is personally known to me, or that the individual's identity was proven to me by convincing

evidence (2) that the individual signed or acknowledged this advance directive in my presence,

(3) that the individual appears to be of sound mind and under no duress, fraud, or undue

influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I

am not the individual's health care provider, an employee of the individual's health care provider,

the operator of a community care facility, an employee of an operator of a of a community care

facility, the operator of a residential care facility for the elderly, nor an employee of an operator

of a residential care facility for the elderly.

First witness Second witness

(print name) (print name)

(address) (address)

(city, state zip) (city, state zip)

(signature of witness) (signature of witness)

(date) (date)

(5.4) ADDITIONAL STATEMENT OF WITNESSES

: At least one of the above witnesses

must also sign the following declaration: I further declare under penalty of perjury under the

laws of California that I am not related to the individual executing this advance health care

directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to

any part of the individual's estate upon his or her death under a will now existing or by operation

of law.

(signature of witness) (signature of witness)

 

Every Good Estate Plan

The documents every good estate plan should have:

1. Revocable Living Trust that includes provisions for:

    a. Incapacity and disability

    b. Protection of the surviving spouse at the passing of the first

        i. In the event of remarriage

        ii. From creditors

        iii. From liability

    c. Protection of the children’s inheritance from:

        i. Failed marriage

        ii. Creditors

        iii. Liability

        iv. In the event of medical crisis

        v. Stretchout IRA

    d. Similar protections for grandchildren

2. Pour‐over Will

3. Advance Health Care Directive

4. Durable Power of Attorney for Property Management

5. Release of Confidential Medical Records under HIPPA

6. Personal Property Memorandum

7. Anatomical Gift Form

8. Funeral Directions

9. Directions to the Successor Trustees

10. Immediate access to Medical Directives