The California Advance Directive:

Without an advance directive, an individual's healthcare decisions may be determined by the family member with the loudest voice…

Advance Directive Basics

An advance directive is a simple legal document that gives you control when facing the uncontrollable.

If you were to become incapacitated and were unable to communicate, an advance directive does two things. It communicates your specific healthcare instructions, and it designates which people you’ve given authority to make decisions on your behalf.

It may include instructions about life support, resuscitation, pain management and other treatment choices. People commonly consult their doctor when making these decisions.

Without an advance directive , an individual’s healthcare decisions may be determined by the family member with the loudest voice, according to Lake Arrowhead attorney John Würm.

Advance Directive Tips

Mr. Würm offers these simple tips for creating an effective advance directive.

First, he recommends that you assign a primary and two secondary persons to make decisions for you if you are unable to do so. These persons should be named in rank order – first, second, third. Giving your agents or “deciders” co-authority can lead to real problems. If one person isn’t present then the doctor may not honor the decision of the one that is.

Second, your agent should live close by you. To make good decisions, he or she should be able to observe you and talk to your doctor in person.

Third, advance directives are subject to state, not federal, law. You should have your advance directive drawn up in the state where you reside and where care will be given.

It can’t be guaranteed that an advance directive from another state or country would be honored by a doctor in California. Likewise, it can’t be guaranteed that an advance directive prepared in California would be honored in another state or country.

An Advance Directive Provides Certainty

So, is there a chance that care could be withheld or given, even if it’s contrary to your specific instructions?

Mr. Würm says, “If an advance directive is properly prepared, I have never heard of a doctor refusing to carry out what is in the advance directive. However, I have heard of situations where there is no advance directive where the family gives the doctor conflicting instructions on what type of care to provide the person. As you can imagine that is a very, very bad situation – not only for the person who is receiving the care, but for the entire family as well.”

He also advises that you give all of the persons, to whom you’ve given the authority, a copy of your prepared advance directive . You should also give a copy to your primary-care doctor. If you have more than one doctor providing care, each should have a copy. Also keep a copy in your important records.

An advance directive is a prudent part of any estate plan. It’s a small expense that will provide certainty and prevent needless heartache.