Every Adult Needs an Advance Health Care Directive
A California Advance Health Care Directive (sometimes called a Living Will in other states) is a necessity for each of us. If you are unclear as to how a living will, health care directive, or durable power of attorney can benefit you and your family, Philip John Gold is here to help.
Philip John Gold, Attorney at Law, is an experienced estate planning lawyer with more than 30 years of service to clients throughout Newport Beach, Orange County, and Southern California. He favors a realistic, creative approach to planning your future.
Why Do I Need An Advance Health Care Directive?
In the event of a physical or mental disability that prevents you from making medical or living decisions for yourself, you have named a person (called your agent) to make living and medical decisions for you.
What Does a Health Care Directive Include?
- It names a person(s), including alternate agents to make health care decisions for you in the event you are unable to do so for yourself
- It may allow your agent to make decisions about where you live, instruct the agent to provide food for you, hire household employees, provide transportation, handle your mail, and arrange recreation and entertainment for you
- It indicates your wishes if you are on life support or in a terminal situation and gives directions to your agent as to the treatment you desire
- It indicates whether you give your agent the authority to donate any of your organs or body parts upon your death
- It instructs your agent whether he or she has the power to authorize a discretionary autopsy upon your death
- It can instruct your agent as to the disposition of your remains
- It can instruct your agent as to the type of funeral or memorial services you desire
- It authorizes third-party medical providers to provide your agent confidential information concerning your medical condition
When is My Agent Granted Authority to Act?
Your agent can act only in the event you are unable to make decisions concerning your health care or living arrangements. As long as you have the capacity to make decisions, they are yours to make.
What Will Happen if I Don't Have a Health Care Directive?
- Depending on the fact situation, your family may have to establish a conservatorship in order to have the authority to make medical decisions and living arrangements for you. A family member, friend or third party must be appointed by the court to make the decisions you can no longer make for yourself
- Family disagreements may arise between your loved ones who have different points of view concerning treatment because you have not expressed your desires in writing
- There may be disagreements between family members as to who should be appointed by the court as conservator
- Even if there are no family disagreements, your loved ones may be faced with agonizing "end of life decisions" if you are in a terminal situation since you have not expressed your wishes in writing and your family must make the decision
- If a conservatorship is necessary, it is quite expensive. There are attorney fees, court costs and conservator fees that can total substantial amounts
Call Today for a Free Initial Consultation.
Contact Philip John Gold, Attorney at Law, for a free initial consultation to discuss a Living Will or Advance Health Care Directive. Our toll-free phone number is 888-763-3296 or you can reach us by e-mail.
