Patterson Advance Health Care Directives and Living Wills

Separate your instructions from the person you name

An advance health care directive can serve two related purposes: expressing your health-care wishes and identifying someone to make health-care decisions. Those are distinct responsibilities. Your written preferences communicate what matters to you; the person identified in the directive may be called on to make decisions on your behalf.

If you are working on the written-instructions part, consider what you want the document to communicate rather than treating the agent designation as a substitute for explaining your preferences. If you also need help deciding whom to name, that is a separate planning question. A directive’s existence does not, by itself, explain your preferences to people who cannot readily locate it.

Make your preferences useful to the people who may need them

Start by identifying the health-care preferences you want recorded and the questions you want to resolve before completing the document. You might make a private list of topics you want to discuss with your chosen decision-maker or health-care providers. This is a preparation step, not a medical recommendation or a substitute for the document itself.

Think about practical access as well as wording. The California Courts describe preparing and keeping relevant documents accessible as distinct from registering information about an executed directive. Consider how the people who may need to refer to your instructions will know where to find them, and whether the document’s location will remain clear if your circumstances change.

• Write down the preferences and questions you want to address before discussing the document.
• Decide how the people who may need the directive will be able to locate it.
• Keep your preparation notes separate from the completed directive so it is clear which one contains your instructions.

Know which role requires different authority

A person identified in an advance health care directive is connected to health-care decisions; that designation is not the same as authority over your finances. A financial power of attorney serves a different financial role. If your planning question concerns money or financial decisions, do not assume that an advance health care directive addresses it.

This distinction helps you identify what a document is meant to do and what remains outside its purpose. You can ask whether your current planning addresses health-care preferences, who may make health-care decisions, and financial authority as separate matters. The right document for one purpose does not automatically fill the other role.

Plan for access and registration as separate steps

Preparing a directive, keeping it accessible, and registering information about an executed directive are not the same task. Registration is about information concerning a directive that has already been executed; it is not a substitute for preparing the document or making it available to the people who may need it.

As a practical next step, decide where the directive will be kept and how relevant people will learn its location. If you are considering registration, distinguish that question from the work of recording your preferences and sharing access. The California Secretary of State provides information about its Advance Health Care Directive Registry and related forms and fees.

Discuss the document’s purpose before moving forward

A focused planning conversation can help you keep the tasks distinct: what preferences you want recorded, who you identify to make health-care decisions, how the directive will be accessible, and whether you have a separate financial-authority question. Bring any existing planning documents and your list of questions so the discussion can address what you already have and what you want the directive to communicate.

Codi M. Dada Law Office P.C. serves Patterson clients virtually from its statewide California practice and maintains its in-person office in Novato. A useful next step is to gather your preferences and questions and discuss the role you want an advance health care directive to serve.