Everybody seems to want to get into the controversy about
how Terri Schiavo ultimately died. In California, if she had
a simple ADVANCE HEALTH CARE DIRECTIVE, chances
of a fight would have been practically nil.
The State of California handed this very well by creating
the STATUTORY FORM OF ADVANCE HEALTH CARE DIRECTIVE.
It has been around in its present form for about 5 years and
has worked with little controversy in hundreds of thousands
of deaths. What should you do?
THE AGENT YOU CHOOSE: No matter what you
state in your directive, if the agent is not a responsible
person or one who has different motives for acting on your
behalf, the document is of little value. The agent must be
philosophically in step with your thinking. Agents have all
sorts of private motives in agreeing to act on your behalf.
A person’s economic interest may be enhanced or hurt
by the timing of your death. The State of California eliminates
some classes of people, but there are others who can do as
much harm. See Statement of Witness in question 5.3 of the
California Statutory Form of Advance Health Care Directive.
First, read the document entitled A GENERAL OVERVIEW
OF STATUTORY ADVANCE HEALTH CARE DIRECTIVES. This
gives you much to think about. Agents should not be chosen
lightly. This choice may be the key to an orderly procedure
for caring for you in time of physical disability.
Next, read the enclosed STATUTORY FORM OF ADVANCE
HEALTH CARE DIRECTIVE established by the California
legislature under Probate Code Section 4701. Once you have
decided on your many choices, read the enclosed sheet entitled
SOME SUGGESTIONS ON EXECUTING THE ADVANCE HEALTH CARE
DIRECTIVE. After you have properly executed the document,
make sure that you have many photocopies of the signed original
for distribution to important persons. Review the directive
annually to keep the document current.
