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A GENERAL OVERVIEW OF
STATUTORY ADVANCE HEALTH CARE DIRECTIVES

as found in the 2005 edition of Probate Code Section 4701


SOME QUESTIONS FOR YOU TO CONSIDER
BEFORE SIGNING AN
ADVANCE HEALTH CARE DIRECTIVE

 

1. THE AGENT YOU CHOOSE: The most important decision for the Principal (one signing the health care directive) is to choose a trustworthy, reliable Agent. No matter what is written in a power of attorney, the Agent can effectively nullify everything you order the Agent to do under the health care powers. The biggest area of contention is found in Part 2, INSTRUCTIONS FOR HEALTH CARE, on Page 4 of the Statutory Form. It appears relatively simple for an Agent to follow directions. However, there are all sorts of reasons why an Agent might not want to follow your directions.

2. SOME QUESTIONS TO CONSIDER BEFORE SIGNING AN ADVANCE HEALTH CARE DIRECTIVE: What will be really important to you if you are in really serious trouble with your health? What will be important to you when you are dying (e.g., family members present, no pain, physical comfort)?

How do you feel about the use of life-sustaining measures in the face of:

 

a. Terminal illness.
b. Permanent coma.
c. Chronic illness or disability(Alzheimer’s disease).
d. Do you have strong feelings about particular medical procedures (e.g., CPR, artificial nutrition and hydration, antibiotics, kidney dialysis, chemotherapy, or radiation therapy)?
e. Would your feelings about these procedures change depending on your health condition and prognosis?
f. How do you feel about participating in clinical research after you have lost capacity?
g. Do you want to consider financial matters when treatment decisions are made?
h. How do you feel about placement in a nursing home if your condition warrants it?
i. Do you wish to participate or share in making decisions about your health care treatment?
j. What limitation to your physical and mental health would affect your participation in your health care decisions and treatments?
k. Would you always want to know the truth about your condition even if it is very grim?
l. Would you want to be an organ donor at the time of your death?
m. Would you wish to be buried or cremated at time of your death?
n. Do you wish to make a personal statement about any health care matters not covered above?
o. What else do you want to say about the care of your physical being once someone else must care for you?


Provided as a public service by
the law offices of
Thomas N. Shigekuni,
Attorney at law
Suite 625, California Bank & Trust Tower
21515 Hawthorne Blvd.
Torrance, CA 90503-6509
(310) 540-9266 FAX: (310) 316-7918

 
 

 

 

 
  Important Notice: The information contained in this website is general information based upon California law and is not specific legal advice. Legal questions specific to your own unique situation should be answered by those licensed to practice law in your state or country.  
 

Last Updated on August 15, 2005
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