|
Estate Planning Center |
|
Welcome!
Learn About The Law Offices of Raymond B. McFalone
|
Advance
Health Care Directives
As of July 1, 2000, in California, the Advance Health Care Directive replaced the Living Will and Durable Power of Attorney for Health Care. Traditionally, a Living Will was given to your physician with an end of life instruction. Additionally, a Durable Power of Attorney for Health Care named a person (an “agent”) who would make medical decisions for you if you became disabled. Now, both of these functions are accomplished with an Advance Health Care Directive. Living Wills and Durable Powers of Attorney for Health Care are still valid in California if they were signed before July 1, 2000 (pre-1992 documents have probably expired and should be replaced). If you have signed a Living Will or Durable Power of Attorney for Health Care after June 30, 2000 and you are a California resident, these documents should be replaced with an Advance Health Care Directive. Why have an Advance Health Care Directive? You will have appointed a person to make medical decisions for you if you are disabled which avoids relatives squabbling over who should be making the decisions. Also, you have provided instructions to your doctor and your family that define what care you want if you have a terminal illness or are in an irreversible coma. Usually, Advance Health Care Directives will only go into effect in the event that you can't make and communicate your own health care decisions. Up until then, you can continue to give directions to your health care provider even though you have an Advance Health Care Directive. An Advance Health Care Directive is typically prepared as part of your estate plan. A revocable living trust will cover decisions regarding your assets if you are disabled, however, a trust will not cover health issues in the event of your disability. The medical instructions should be set out in your Advance Health Care Directive.
The
Law Office of Raymond B. McFalone
Raymond
B. McFalone
Email: ray@raymcfalone.com
|