What is a Living will, or “Advance Health Care Directive”?

In California, a living will is called an advance health care directive. This legally enforceable document lets your family, friends, doctors, and the courts know your health care preferences, including the types of special treatment you want at the end of life or in case or incapacity. The advance health care directive usually includes a power-of-attorney, which designates an agent to make decisions for you in case you are unable to do so.

Power-of-attorney

The power-of-attorney document gives one or more persons the power to act on your behalf. The power can be limited to a specific area, such as financial or health care decisions, or can be broad and cover all types of decisions. Agents under power-of-attorney often make decisions about life, death and the disposition of remains. You decide what type and how much power your agent has under the power of attorney.

If you become unable to manage your own affairs but do not have a power-of-attorney in place, it may become necessary for a court to appoint someone to act for you. If such an intervention is needed, you will probably not have the ability to choose the person who will act for you. With a power-of-attorney, the choice is yours and not left to a court.

Who should be your agent?

Trust is the most important factor to consider when choosing an agent under power-of-attorney. Your agent should be responsible and trustworthy. Your agent may have to make some very difficult decisions on your behalf, and you need to be certain that he or she will do so responsibly.

Another factor to consider is whether your religious or ethical views conflict with your agent’s views. For instance, you may wish to be cremated, but your agent may have strong convictions that cremation is wrong. You should choose an agent who will be able to carry out your wishes.

Other than the personal considerations, the only requirement for your choice of agent is that his or she can not be a minor or otherwise incapacitated.

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