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How well-prepared are you if you’re suddenly incapacitated by an accident or illness and you have no way to make important health care decisions?

Estate planning involves more than just looking after your assets and naming beneficiaries. It also involves planning for your own future should an incapacitating illness or injury occur. Planning for such a contingency involves the drafting of what’s called an advance directive.

At Katz Business Law, I help individuals and families plan for the future with detailed estate planning, including contingencies for health care emergencies. If you’re located in Granite Bay, California, or in the nearby cities of Roseville, Rocklin, Folsom, or Auburn, call me today to get started on safeguarding your assets and preparing for the future.

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An advance directive is a document that spells out your preferred health care choices should you become incapacitated. If, for instance, you suffer from high blood pressure, but you end up having a stroke and cannot make medical decisions for yourself, you can dictate treatment options in advance with a written health care directive.

In California, this is called an advance health care directive, which is created on one document that combines aspects of both a living will (the statement of your medical choices) and a medical power of attorney (naming a proxy to make decisions for you when you are unable to do so yourself). The document must be signed by two witnesses, or it must be notarized, in order to be legally binding.

What decisions should you address in your advance directive? Important decisions include:

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In California, you cannot choose euthanasia as an option, but you can specify your wishes to be taken off of life-support equipment.

The directive should be shared with family members and other concerned parties, including your named proxy. It can also be registered on a directory with the Secretary of State, where it will be accessible only by those you name, by health care providers, or by a guardian or conservator if one is named for you.

If you spend part of your time living outside of the state, you may want to check the advance directive requirements in other states to be sure you’re in compliance.

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An advance directive allows you to name someone as your agent, or proxy (also known as an “attorney-in-fact”), to make medical decisions on your behalf should you become unable to do so. You can also name alternate agents.

The person you name can be anyone you choose — a spouse, adult child, friend, or someone you trust. By law, you cannot name a doctor or a person who operates a community care facility or residential care facility, unless they are related by blood, marriage, adoption, or they are a coworker. The agent is responsible for carrying out your wishes as specified.

Though it’s technically possible to name co-agents (rather than alternates), the California Medical Association (CMA) advises against this choice since it defeats the purpose of the directive. If the co-agents disagree on a medical decision, your wishes may never be carried out. It’s safer to have one agent responsible for carrying out your decisions.

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