Advance Health Care Directives and Living Wills for San Marcos Residents

Separate your instructions from the person who may decide

A directive can do two different kinds of work: express your health-care wishes and identify someone to make health-care decisions. Think about those functions separately. Written preferences may help communicate what matters to you; naming a decision-maker addresses who may speak for you when health-care decisions arise.

Before relying on a document, ask whether it addresses both functions in a way that reflects your intentions. If it identifies a decision-maker but does not explain your preferences, consider whether the document communicates enough about the care you want. If it states preferences but does not identify someone to make decisions, consider how decisions would be handled when your instructions do not answer a particular question. These are planning questions, not a substitute for individualized medical advice.

• What preferences do you want the document to communicate?
• Who should be identified to make health-care decisions?
• Are there situations or choices you want to discuss further before settling on wording?

Make your preferences useful to the people who may need them

Creating a document and making it accessible are separate parts of planning. A family member or other person involved in your care may not know what you intended if the document cannot be located when needed. Consider who should know where it is kept and how that person could access it.

As a practical preparation step, make a simple record of where the relevant document is stored and which people you want to know about it. You can also review whether the people you have told still have a practical way to find it. This preparation helps with access; it does not itself register an executed directive or replace the document.

• Identify the people who may need to locate the document.
• Decide how you will tell them where it is kept.
• Keep your access plan consistent with the document you intend them to use.

Do not confuse health-care planning with financial authority

A financial power of attorney serves a different role from an advance health care directive: it concerns financial matters, rather than expressing health-care wishes or identifying someone to make health-care decisions. Having one document does not make it a substitute for the other.

When reviewing your planning, ask what each document is meant to address and whether you are relying on it for the right purpose. If your question concerns who may handle financial matters, keep that discussion distinct from questions about health-care preferences and decision-making.

• Which document communicates health-care wishes?
• Which document addresses financial matters?
• Are you relying on a document for a purpose different from the role it serves?

A focused next step for San Marcos families

Before discussing a directive, gather any existing health-care planning documents and note what you want them to accomplish. Prepare questions about the preferences you want expressed, the person you want identified to make health-care decisions, and how the document will be made accessible. If you are also reviewing financial planning documents, list those separately so the different roles remain clear.

Codi M. Dada Law Office P.C. provides virtual services throughout California from its Novato office. A focused conversation can help you identify which parts of your planning need attention and what questions you want to resolve before relying on the documents.