Living Wills (Advance Health Care Directive)

A "living will" or "advance health care directive" is another essential part of a comprehensive estate plan.

Through an advance health care directive you (as the "principal") appoint a Health Care Agent to make health care decisions on your behalf when you are unable to do so. An advance health care directive does not activate until you are declared incapacitated.

The advance health care directive allows you to express your wishes concerning such matters as life sustaining treatment and other health care issues and instructions. The advance health care directive can also provide your instructions on organ donation, disposition of remains and your funeral.

The Health Care Agent can do many things on his/her principal's behalf. The Health Care Agent admit the principal to a hospital or sign an authorization removing the principal from a hospital against medical advice. Most important of all, the agent may consent to withholding or withdrawing health care necessary to keep the principal alive.

California's Probate Code section 4617 defines the type of health care decisions that can be made by a patient's agent, conservator or surrogate. These include (1) selection and discharge of health care providers and institutions; (2) approval or disapproval of diagnostic tests, surgical procedures and programs for medication; and (c) directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.

The Advance Health Care Directive prepared by the Legacy Law Group is very comprehensive and meets the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). By these provisions, the Health Care Agent is given full access to the principal's health care records and status.

The Legacy Law Group is committed to taking the time to make certain an effective health care directive is made with the informed consent of our client.