Advance Health Care Directives and Living Wills for Fowler Residents

Separate your instructions from the person you name

Start by considering two questions. What health-care wishes do you want written down? And whom do you want identified to make health-care decisions? An advance health care directive can address both, but choosing an agent and recording treatment preferences are not the same decision. You may have clear preferences yet still need to think carefully about whom to name; conversely, naming someone does not by itself explain what matters to you.

This page focuses on the written-preference side of that planning. Consider the kinds of choices you would want those involved in your care to understand, and whether your instructions communicate your priorities clearly. Selecting a suitable person is a separate part of the process, even though the directive can identify that person.

• Written instructions: What wishes do you want communicated?
• Named decision-maker: Who do you want identified to make health-care decisions?
• Practical access: How will the relevant people know where the document is kept?

Clarify what the document does—and what it does not do

An advance health care directive concerns health-care wishes and health-care decisions. It is not the same as a financial power of attorney, which serves a different financial role. If you want someone to handle financial matters, do not assume that naming a health-care decision-maker gives that person financial authority. Consider that as a separate planning question.

The useful distinction is the subject of the authority: health-care decisions belong to the directive’s role; financial matters require consideration of the separate financial-planning document. If you are unsure whether a responsibility is medical or financial, describe the task you have in mind and ask what document or authority addresses it. The directive should not be treated as a general grant of authority over every part of your affairs.

Make your wishes understandable and accessible

Before discussing a directive, make a private list of the preferences you want to communicate and the questions you would like clarified. You might note what you would want others to understand if you could not explain your wishes yourself. This is a preparation exercise, not a medical recommendation or a substitute for discussing care questions with an appropriate health professional.

Think through access as well as content. A document can only communicate your preferences to people who can locate and consult it when needed. Consider who should know where the relevant document is kept and how you will keep that information current. Preparing and keeping documents accessible is distinct from registering information about an executed directive; registration does not replace having the document available to the people who may need it.

• Write down preferences and questions in your own words before a planning conversation.
• Consider which people should know where the document is kept.
• Keep the document’s location information practical and up to date.

A practical next step

Bring your questions about written wishes, naming a health-care decision-maker, and document access to a planning conversation. If you also want someone to handle finances, identify that as a separate issue rather than assuming the health-care directive covers it. A focused discussion can help you distinguish the responsibilities involved and identify what you still need to decide.

Codi M. Dada Law Office P.C. serves Fowler clients virtually from its statewide practice and maintains its in-person office in Novato. You can begin by organizing your preferences and questions; you do not need to have every decision settled before asking for guidance.