Free California Advanced Health Care Directive PDF Template Open California Advanced Health Care Directive Editor Here

Free California Advanced Health Care Directive PDF Template

The California Advanced Health Care Directive form is a legal document that allows individuals to outline their healthcare preferences in case they become unable to communicate their wishes. This directive ensures that your medical decisions align with your values and desires, providing peace of mind for both you and your loved ones. To take control of your healthcare decisions, consider filling out the form by clicking the button below.

Open California Advanced Health Care Directive Editor Here

Check out Other Templates

Key takeaways

Filling out and using the California Advanced Health Care Directive form is an important step in planning for future medical care. Here are key takeaways to consider:

  1. Understand the Purpose: The directive allows individuals to specify their healthcare preferences in case they become unable to communicate them.
  2. Choose a Health Care Agent: Designate someone you trust to make medical decisions on your behalf. This person should understand your values and wishes.
  3. Be Clear and Specific: Clearly outline your preferences regarding medical treatments, including life-sustaining measures, to avoid confusion later.
  4. Discuss with Loved Ones: Have conversations with family and friends about your choices. This can help ensure your wishes are respected.
  5. Review Regularly: Periodically review and update your directive to reflect any changes in your health status or personal beliefs.
  6. Sign and Date: Ensure that you sign and date the form. This is essential for it to be considered valid.
  7. Witness Requirements: Have the directive signed in the presence of at least one witness, or have it notarized, to meet legal requirements.
  8. Provide Copies: Share copies of your completed directive with your health care agent, family members, and healthcare providers.
  9. Know Your Rights: Understand that you have the right to make decisions about your own healthcare, and this directive supports that autonomy.
  10. Seek Guidance if Needed: If you have questions or concerns, consider consulting a healthcare professional or legal advisor for assistance.

Being proactive with the California Advanced Health Care Directive can provide peace of mind for you and your loved ones.

California Advanced Health Care Directive Preview

ADVANCE HEALTH CARE DIRECTIVE FORM

 

PAGE 1 of 7

 

 

 

 

 

 

 

 

Print Form

 

Reset Form

Probate Code - PROB

DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. )

CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

4701. The statutory advance health care directive form is as follows:

ADVANCE HEALTH CARE DIRECTIVE

(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)Donate your organs, tissues, and parts, 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, tissues, and parts 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.

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 2 of 7

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 choose as agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work 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 choose as first alternate agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work 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 choose as second alternate agent)

(address)

(city)

(state)

(ZIP Code)

 

 

 

 

 

 

(home phone)

(work 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.

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 3 of 7

(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 donate my organs, tissues, and parts, 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 wiling, 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:

(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.)

 

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 4 of 7

 

 

 

 

 

 

PART 3

 

 

DONATION OF ORGANS, TISSUES, AND PARTS AT DEATH

 

 

(OPTIONAL)

 

(3.1)

Upon my death, I give my organs, tissues, and parts (mark box to indicate yes).

 

By checking the box above, and notwithstanding my choice in Part 2 of this form, I authorize my agent to consent to any temporary medical procedure necessary solely to evaluate and/or maintain my organs, tissues, and/or parts for purposes of donation.

My donation is for the following purposes (strike any of the following you do not want):

(a)Transplant

(b)Therapy

(c)Research

(d)Education

If you want to restrict your donation of an organ, tissue, or part in some way, please state your restriction on the following lines:

If I leave this part blank, it is not a refusal to make a donation. My state-authorized donor registration should be followed, or, if none, my agent may make a donation upon my death. If no agent is named above, I acknowledge that California law permits an authorized individual to make such a decision on my behalf. (To state any limitation, preference, or instruction regarding donation, please use the lines above or in Section 1.5 of this form).

PART 4

PRIMARY PHYSICIAN

(OPTIONAL)

(4.1) I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:

(name of physician)

(address)

(city)

(state)

(ZIP Code)

(phone)

ADVANCE HEALTH CARE DIRECTIVE FORM

PART 5

PAGE 5 of 7

(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)

(address)

(print your name)

(city) (state)

(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 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)

(address)

(city)(state)

(print name)

(address)

(city)(state)

(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)

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 6 of 7

 

PART 6

SPECIAL WITNESS REQUIREMENT

(6.1) The following statement is required only if you are a patient in a skilled nursing facility--a health care facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. The patient advocate or ombudsman must sign the following statement:

STATEMENT OF PATIENT ADVOCATE OR OMBUDSMAN

I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the Probate Code.

(date)

(sign your name)

(address)

(print your name)

(city) (state)

 

(Amended by Stats. 2018, Ch. 287, Sec. 1. (AB 3211) Effective January 1, 2019.)

ADVANCE HEALTH CARE DIRECTIVE FORM

PAGE 7 of 7

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California,

County of

On

before me,

(insert name and title of officer)

personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person

(s) 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)

 

 

 

Similar forms

The California Advance Health Care Directive is similar to the Durable Power of Attorney for Health Care. Both documents allow individuals to appoint someone to make medical decisions on their behalf if they become unable to do so. The Durable Power of Attorney focuses specifically on health care decisions, while the California form combines this with instructions for treatment preferences. This ensures that the appointed agent has clear guidance on the individual's wishes regarding medical care.

For individuals looking to establish a corporation in California, understanding the necessary documentation is paramount, especially the templates-guide.com/california-articles-of-incorporation-template/, which provides a convenient guide to filling out the California Articles of Incorporation form correctly. This form serves as a foundation for legal entity creation, offering clarity on the corporation's name, purpose, and structure, thus ensuring a smooth start to the business journey.

Another related document is the Living Will. Like the California Advance Health Care Directive, a Living Will outlines an individual’s wishes regarding medical treatment in situations where they cannot communicate. However, the Living Will typically addresses specific medical conditions, such as terminal illness or irreversible coma, whereas the California directive provides a broader framework for health care decisions and appoints an agent to act on behalf of the individual.

The Medical Power of Attorney is also similar to the California Advance Health Care Directive. This document allows a person to designate someone to make health care decisions for them. The key difference is that the Medical Power of Attorney may not include specific instructions about the type of care the individual desires. In contrast, the California directive allows for both the appointment of an agent and detailed preferences for medical treatment.

The Do Not Resuscitate (DNR) order shares some similarities with the California Advance Health Care Directive. Both documents communicate an individual’s preferences regarding life-sustaining treatment. A DNR specifically instructs medical personnel not to perform cardiopulmonary resuscitation (CPR) in the event of cardiac arrest. The California directive, however, encompasses a wider range of health care decisions and can include preferences for other types of medical interventions.

The Physician Orders for Life-Sustaining Treatment (POLST) form is another document that aligns with the California Advance Health Care Directive. POLST translates a person’s wishes regarding life-sustaining treatments into medical orders. While the California directive is a more comprehensive document that allows for appointing an agent and making broader health care decisions, POLST focuses specifically on immediate medical treatment preferences. Both documents aim to ensure that an individual's wishes are respected in a medical setting.

Lastly, the Health Care Proxy is similar to the California Advance Health Care Directive. This document allows individuals to designate someone to make health care decisions if they become incapacitated. The Health Care Proxy is often used in various states and may not include specific instructions about treatment preferences. In contrast, the California directive provides both the appointment of an agent and detailed guidance on the individual’s health care choices, making it a more comprehensive option.

How to Use California Advanced Health Care Directive

Filling out the California Advanced Health Care Directive form is a straightforward process. This document allows individuals to express their healthcare preferences in the event they are unable to communicate their wishes. The following steps provide a clear guide to completing the form accurately.

  1. Obtain a copy of the California Advanced Health Care Directive form. This can be downloaded from official state websites or acquired through healthcare providers.
  2. Begin by entering your full name and address at the top of the form.
  3. Designate a healthcare agent. This person will make medical decisions on your behalf if you are unable to do so. Provide their name, address, and phone number.
  4. Indicate any specific instructions regarding your healthcare preferences. This may include details about life-sustaining treatments, organ donation, and other medical interventions.
  5. Consider adding an alternate agent in case your primary agent is unavailable. Fill in their name, address, and phone number if you choose to do so.
  6. Sign and date the form at the designated area. Ensure that you are of sound mind when signing.
  7. Have the form witnessed by two individuals who are not related to you and who will not benefit from your estate. They should also sign and date the form.
  8. Optionally, you may choose to have the form notarized for additional validity, although it is not required.

Once completed, keep a copy for your records and provide copies to your healthcare agent, family members, and healthcare providers to ensure your wishes are known and respected.

Documents used along the form

The California Advanced Health Care Directive is an essential document for individuals planning for their medical care preferences in the event they become unable to communicate their wishes. However, it is often used in conjunction with several other important forms and documents that can further clarify or support an individual's healthcare decisions. Below is a list of these documents, each serving a unique purpose.

  • Durable Power of Attorney for Health Care: This document allows you to appoint someone to make healthcare decisions on your behalf if you are unable to do so. It is crucial for ensuring that your preferences are respected even if you cannot communicate them.
  • Living Will: A living will outlines your specific wishes regarding medical treatment and interventions, particularly in situations where you are terminally ill or in a persistent vegetative state. It complements the Advanced Health Care Directive by providing detailed instructions.
  • Do Not Resuscitate (DNR) Order: This is a medical order that instructs healthcare providers not to perform CPR if your heart stops or if you stop breathing. It is particularly important for individuals with serious health conditions who wish to avoid aggressive resuscitation efforts.
  • Physician Orders for Life-Sustaining Treatment (POLST): This form translates your healthcare wishes into actionable medical orders. It is especially useful for individuals with serious illnesses, ensuring that emergency personnel and healthcare providers understand your preferences in critical situations.
  • Organ Donation Consent Form: This document specifies your wishes regarding organ donation after your death. It can be included with your Advanced Health Care Directive or kept separate, ensuring your intentions are clear to your loved ones and healthcare providers.
  • Healthcare Proxy: Similar to a durable power of attorney, a healthcare proxy designates a specific individual to make medical decisions for you. This document can be especially helpful if your chosen agent is unavailable or unable to act.
  • Medication Management Plan: This plan outlines your preferences for medication use, including any restrictions or specific instructions. It helps ensure that your healthcare providers are aware of your preferences regarding treatments and medications.
  • Emergency Contact Information: While not a formal legal document, having a list of emergency contacts readily available can assist healthcare providers in reaching your loved ones quickly in critical situations.
  • Vehicle Bill of Sale Forms: This document records the details of a transaction between a buyer and a seller for the sale of a trailer in the state of Louisiana. You can find these forms easily at Vehicle Bill of Sale Forms.
  • Patient Advocate Form: This form allows you to designate someone to advocate for your rights and preferences in healthcare settings. It can be particularly useful if you feel that your wishes are not being adequately represented.

Each of these documents plays a vital role in ensuring that your healthcare preferences are respected. By understanding and utilizing these forms alongside the California Advanced Health Care Directive, you can create a comprehensive plan that reflects your wishes and provides peace of mind for you and your loved ones.

Common mistakes

  1. Failing to Specify Preferences Clearly: Individuals often do not articulate their medical preferences in a clear and detailed manner. This can lead to confusion for healthcare providers during critical moments.

  2. Not Designating an Agent: Some people overlook the importance of appointing a healthcare agent. Without a designated person to make decisions, there may be uncertainty about who should act on their behalf.

  3. Ignoring Witness Requirements: The form requires signatures from witnesses or a notary. Failing to meet these requirements can invalidate the directive, rendering it ineffective when needed.

  4. Neglecting to Update the Directive: Life circumstances change. Many individuals forget to revisit and update their directives as their health, relationships, or preferences evolve.

  5. Not Discussing the Directive with Family: Open communication is crucial. Many individuals do not discuss their wishes with family members, which can lead to disputes or misunderstandings during critical times.

Dos and Don'ts

When filling out the California Advanced Health Care Directive form, it's essential to approach the task thoughtfully. This document allows individuals to express their healthcare preferences in case they become unable to communicate those wishes themselves. Here are some important dos and don’ts to keep in mind:

  • Do ensure that you understand the form completely before filling it out.
  • Do discuss your wishes with family members and healthcare providers.
  • Don’t leave any sections blank; if a section does not apply, write "N/A" or "not applicable."
  • Don’t forget to sign and date the form in the presence of a witness or notary, as required.