Advance Health Care Directives and Living Wills in Campbell

Decide what you want the document to communicate

A useful starting point is to consider which health-care wishes you want put in writing. Rather than trying to predict every possible situation, focus on the preferences, concerns, or values you want someone making decisions to understand. The directive can communicate those wishes; it is a way to make your preferences known, not a substitute for discussing medical questions with an appropriate health-care professional.

For example, you might make a private list of points you want to communicate and questions you would like to discuss with a health-care professional. This is optional preparation, not a required form or a recommendation about treatment. The aim is to clarify what you want the document to say before turning to the separate question of who may make decisions.

• What preferences do you want others to understand?
• Are there concerns or questions you want to raise with a health-care professional?
• What would you want a person involved in decisions to know about your wishes?

Separate written wishes from identifying a decision-maker

An advance health care directive can both express health-care wishes and identify someone to make health-care decisions. These are related purposes, but one does not replace the other. Written instructions communicate preferences; identifying someone addresses who is named in connection with health-care decisions.

Think through the two questions separately: What do you want written down, and whom do you want identified to make health-care decisions? Then consider what you would want that person to understand about your preferences. This page focuses on communicating wishes and the document's practical role, rather than the detailed process of choosing an agent.

The responsibilities involved are not the same as a general power to handle every matter. In particular, naming someone in a health-care directive is not the same as addressing financial decision-making. If your planning also involves financial matters, treat that as a separate question and consider which document addresses it.

Keep health-care planning distinct from financial authority

A financial power of attorney serves a different financial role from an advance health care directive. The directive concerns health-care wishes and may identify someone to make health-care decisions; the financial power of attorney addresses a financial role. Identifying a person for health-care decisions does not, by itself, answer who may act in financial matters.

If both topics matter to you, make a separate list of questions for each. For the directive, consider what you want communicated and who you want identified in connection with health-care decisions. For financial planning, consider separately whether you need to address financial authority. Keeping those purposes distinct helps avoid assuming that one document covers the other.

Make accessibility a separate part of the plan

Preparing a directive and keeping relevant documents accessible are distinct practical considerations. Consider where you intend to keep the document and who should know how to find it. As optional preparation, you could write down the storage plan and note whom you may want to tell. These steps are about making the document accessible; they are not legal execution instructions.

California resources also distinguish keeping relevant documents accessible from registering information about an executed directive. Treat those as separate considerations when organizing your plan. If you have questions about registration, keep them distinct from the practical question of where the document will be kept and how relevant people can access it.

• Decide where you intend to keep the relevant document.
• Consider who should know where it is and how to access it.
• Keep any registration questions separate from your accessibility plan.

Prepare for a focused planning conversation

Before discussing a directive, you may find it helpful to gather the preferences you want communicated, the questions you want to resolve, and your thoughts about document accessibility. You can also note separately whether you have questions about identifying someone for health-care decisions or addressing a financial role. These are optional preparation steps, not legal requirements.

Codi M. Dada Law Office P.C. serves Campbell clients through virtual services and has its in-person office in Novato. A conversation can begin with the purpose you want the directive to serve: communicating your health-care wishes, identifying someone in connection with decisions, and planning how relevant documents can be accessed. Keeping these questions distinct can help you explain what you want to accomplish and what remains unclear.