Advance Health Care Directives and Living Wills for Foster City Residents

Separate treatment preferences from choosing an agent

A directive can address two related but distinct matters: the health-care wishes you want expressed and the person you identify to make health-care decisions. This page focuses on preparing to express your preferences. Choosing an agent is a separate decision, even when both subjects are part of the same directive.

Start by considering what you want others to understand about your care. You might write down questions or concerns that matter to you, along with any preferences you want to discuss. These notes are preparation for a conversation; they are not a substitute for advice about a particular medical situation.

If you have not decided who should make health-care decisions, note that as a separate topic for the consultation. You do not need to treat identifying an agent as the same task as describing your wishes.

• What preferences do you want the written instructions to communicate?
• Are there topics about your care that you want to clarify before putting preferences into a directive?
• Do you want to discuss the agent decision separately from the wording of your preferences?

Prepare useful information before a remote consultation

A focused consultation is easier to use when you arrive with your questions and priorities gathered in one place. You can make a short list of the preferences you want to discuss, any wording you find unclear, and the decisions you have not yet made. The list is a preparation aid, not a required legal form.

If you already have a directive or other relevant document, have it available for discussion. Note what you want to understand about it and where the document is kept. If you do not have one, bring your questions and the preferences you are ready to discuss; do not assume you must complete a form before asking for guidance.

Codi M. Dada Law Office P.C. has one in-person office in Novato and provides virtual services throughout California, including for Foster City residents. For a remote meeting, consider how you will share or refer to any existing document and keep your questions at hand.

• Write down your health-care preferences and questions in your own words.
• Gather any existing directive you want to discuss and note where the original or available copy is kept.
• List unresolved decisions, including whether you want a separate discussion about selecting an agent.

Make the document findable when it may be needed

Preparing a directive and keeping relevant documents accessible are distinct from registering information about an executed directive. Think practically about who may need to locate the document and how they would know where to look. You can raise questions about access and availability during the consultation.

A document that cannot readily be found may be difficult for others to consult when needed. Consider what location or communication plan would make it easier for the people involved to learn where the document is kept. Discuss any uncertainty about access rather than assuming that creating the document alone answers that question.

Registration is a separate subject from preparing and keeping the document accessible. If you want to ask about registering information regarding an executed directive, identify that as a question for the consultation; do not confuse registration with writing down your preferences.

• Note where the document is kept or where you expect it to be kept.
• Identify who you want to know how to find it.
• Write down any questions about the difference between keeping the document accessible and registering information about it.

Keep financial planning separate

A financial power of attorney serves a financial role, while an advance health care directive concerns health-care wishes and health-care decisions. These documents should not be treated as interchangeable simply because both involve planning for someone to act or make decisions.

If you have questions about financial authority as well as health-care preferences, list them separately so the purpose of each document is clear. For this consultation, bring the health-care questions you want addressed and flag financial questions as a distinct topic.