Advance Health Care Directives and Living Wills in Placentia

Written wishes and choosing an agent are separate questions

A directive can serve two purposes: expressing health-care wishes and identifying someone to make health-care decisions. Those purposes are related, but they are not identical. A person may have clear preferences yet still need to decide who should be identified to make decisions; someone choosing an agent may also want to consider what written guidance would help that person understand their wishes.

This page focuses on communicating treatment preferences and making the document available. Choosing who should make health-care decisions is a distinct part of the directive, not a substitute for considering what you want recorded.

Clarify what you want the document to communicate

Before relying on written instructions, think about which health-care wishes you want others to know and whether the wording would help them understand your preferences. Consider what you would want a trusted person to understand if that person had to consult the directive. These are preparation questions, not a medical recommendation about which treatment to choose.

For example, a person might want to explain a preference in their own words and then consider whether the document communicates it clearly. The example is a way to prepare for a discussion; it is not a recommended treatment choice or a substitute for personal medical guidance.

• List the preferences you want to discuss or express.
• Consider whether the document makes those preferences understandable to the people who may need to refer to it.
• Keep the question of who may make health-care decisions distinct from the question of what wishes to communicate.

Make accessibility part of the plan

Preparing a directive and keeping relevant documents accessible are practical parts of planning. A document that people cannot locate may be harder for them to consult when needed. Consider who should know where the relevant documents are kept and how those people could find them.

Registering information about an executed directive is a separate step from preparing and keeping relevant documents accessible. Do not treat registration as a replacement for thinking through document access. If you are considering registry information, distinguish that question from where the directive itself and related documents can be found.

• Decide where the relevant documents will be kept.
• Identify the people who may need to know how to locate them.
• Discuss whether information about an executed directive should also be registered, separately from document storage.

Keep financial authority separate

An advance health care directive concerns health-care wishes and health-care decisions. A financial power of attorney has a different role: it concerns financial matters. Do not assume that a health-care directive addresses financial decisions, or that a financial power of attorney communicates health-care preferences.

If you are reviewing more than one planning document, clarify what each is intended to address and who may need to locate it. That simple distinction can help prevent family members from relying on one document to answer a question outside its role.

A practical next step

Gather the documents you already have, note the preferences you want to communicate, and write down any questions about who should be able to find or use the information. Then consider whether your directive addresses both your written wishes and the person you identify for health-care decisions. Codi M. Dada Law Office P.C. offers virtual services throughout California from its Novato office; a conversation can help you identify the planning questions you want to address.