A Simple Guide to Creating an Advance Directive in California

Advance Directive in California—When and How To Make It

Unfortunate events, such as difficult medical conditions, can happen unexpectedly. The best way to deal with them if they occur and have more peace of mind is to prepare properly. You can achieve this by creating an advance directive in time.

In this article, we’ll tell you all you need to know about making an advance directive in California. We’ll also explain how you can create this document without trouble if you .

California Advance Health Care Directive—What Is It?

A health care directive enables you to outline your wishes and instructions regarding specific medical procedures (refuse or require certain treatments) for when you lose the ability to make decisions yourself. It is used in situations when you are seriously ill or injured.

In California, this document is also referred to as a personal directive, medical directive, or advance decision.

Health Care Directive in California—What Parts Does It Consist Of?

California advance health care directives consist of four parts. In the following table, you can find more details on each:

PartsBrief Explanation
Power of attorney for health care
Living will
  • Lets you give specific instructions about any aspect of your health care
  • Allows you to express your wishes about:
    • The provision, withdrawal, or withholding of treatment to keep you alive
    • The provision of pain relief
Organ donationAllows you to express your wishes about whether you want to donate your organs, tissues, and body parts or not
Designation of a physicianEnables you to appoint a physician who will have the primary responsibility for your medical care

California Medical Power of Attorney and Living Will Explained

In California, you can create both a living will and a medical POA or only one of the documents. When making a living will, you need to be aware of the available forms and the cost of the process.

If you decide to draw up a medical POA in California, you should know who you can appoint as your agent according to state laws. This person cannot be:

  1. Your supervising health care provider
  2. The operator of a facility where you are receiving medical care
  3. An employee of a health care institution where you are receiving care

Make an Advance Directive in California With DoNotPay’s Help

You can draw up an advance directive by:

Keep in mind that a lawyer will charge you sky-high fees, while online forms won’t be sufficient if you lack legal knowledge. With DoNotPay’s help, you will save both time and money and get an airtight legal document. Here is everything you need to do:

  1. Find our Advance Health Care Directive product
  2. Appoint a health care agent and choose the power you want to transfer to them
  3. Enter the relevant medical information (your hospital, doctor, etc.)

How Do You Make an Advance Directive Valid in California?

The Golden State laws require you to sign your advance directive before a notary public or two adult witnesses. These individuals cannot be:

  • Your health care provider or their employee
  • The operator or an employee of a community care facility you’re being treated at
  • Your health care agent
  • Related to you by blood, marriage, or adoption
  • Entitled to any portion of your estate

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