Now that medical professionals are better equipped to save and extend the lives of seriously ill or injured individuals, issues regarding prolonged suffering or delays in the dying process have become more prominent. Learn more about advance health care directives in California in this presentation.

1. the
Now That Medical Professionals are Better Equipped to Save
and Extend the Lives of Seriously Ill or Injured Individuals,
Issues Regarding Prolonged Suffering or Delays in the Dying Process Have Become More Prominent
ADVANCE HEALTH CARE DIRECTIVES
IN CALIFORNIA
Scott P. Schomer
Los Angeles Estate Planning and Elder Law Attorney

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Advances in medical care and medical technology today has increased the likelihood of survival for the seriously ill or severely injured. Now that medical professionals are better equipped to save and extend the lives of seriously ill or injured individuals, issues regarding prolonged suffering or delays in the dying process have become more prominent. Everyone has the right to consent to, or refuse, any or all medical treatment. If you are too sick or injured to express your consent or refusal, what happens then? This can be a reasonable concern and it can easily be handled an advance directive.
WHAT IS AN ADVANCE DIRECTIVE?
An "advance health care directive" is a legal document that lets your physician, family and friends know your health care preferences, including the types of special treatment you may want or may not want at the end of life. It can also indicate your desire for diagnostic testing, surgical procedures, cardiopulmonary resuscitation (CPR) and organ donation.
An advance health care directive allows you to make these decisions now, and thereby ensure the quality of life that is important to you. It also keeps your family from needing to "guess" your wishes or having to make critical medical

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care decisions for you, when they will no doubt be under great stress or in emotional turmoil.
WHAT RIGHTS DO I HAVE TO DECIDE MY OWN MEDICAL CARE? In 2000, California passed the California Health Care Decisions Law, which consolidated all previous advance directives into the new Health Care Directive (AHCD). Advance health care directives give you legal control over your own health care treatment in the event you are unable to make decisions for yourself.
WHAT IS THE ADVANCE HEALTH CARE DIRECTIVE (AHCD)?
The AHCD allows you to either appoint a health care agent or prepare specific instructions for health care, or both. With an AHCD, you will be prepared in the event you become incapacitated.

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If you appoint a health care agent, that person will have the legal authority to make health care decisions on your behalf. You can also create written instructions for your future healthcare, in case you can no longer speak for yourself. Of course, you could create an AHCD that does both – appoints a health care agent, and provide that agent with written instructions regarding your health care choices. You can also designate which medical doctor you wish to act as your primary physician.
CHOOSING A HEALTH CARE AGENT
When considering who to appoint as your health care agent, you should choose a person whom you trust, such as a family member, spouse, or close friend. That person should be familiar with your personal values and beliefs. It is also a good idea to choose some who lives near you, if possible, in the event they need to be involved in your treatment plan for an extended period of time. Be sure that you discuss your wishes regarding your health care with your chosen agent, after making sure that person is willing to act in that capacity.
RESTRICTIONS ON WHO CAN BE A HEALTH CARE AGENT
California law excludes certain people from acting as your health care agent. Your agent cannot be your supervising health care provider or the operator of a residential care facility in which you reside. Nor can your agent be an employee

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in that residential care facility unless he or she is a relative or spouse. It is also a good idea to select at least one alternate person to act as your agent. That way, if your first choice is unable or unwilling to take on the role, you will already have an alternative choice.
WHAT KINDS OF DECISIONS CAN MY HEALTH CARE AGENT MAKE ON MY BEHALF?
California’s AHCD allows you to give your health care agent as broad or as limited powers as you choose. Those powers can include the right to choose health care providers and institutions, the right to refuse or consent to treatment, the right to access your medical records, and the right to withdraw or withhold life-sustaining treatment. You also have the option to allow, or restrict, your agent to make certain decisions after your death, such as organ donation, authorization to perform an autopsy and how to dispose of your remains.
WHEN DOES AN AGENT’S AUTHORITY BEGIN?
Generally, your health care agent can begin making decisions on your behalf only when you are no longer able to do so. However, you can stipulate in the AHCD that your health care agent has immediate authority to make decisions.

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IS AN AGENT RESPONSIBLE FOR MEDICAL BILLS?
A health care agent is not responsible for any of your medical bills, simply because he or she is named in your AHCD. The only exception is if that person happens to already be legally responsible for your debts. Also, the AHCD does not give your health care agent the authority to make financial decisions for you. That authority would need to come from another legal document, such as a Durable Power of Attorney for Assets Management.
HOW IS THE ADVANCE HEALTH CARE DIRECTIVE EXECUTED?
In order to execute an AHCD, you must be at least 18 years of age and mentally competent. You need two qualified adult witnesses or a notary public to sign the

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AHCD, acknowledging that you are competent and acting under your own volition. Your witnesses cannot be your health care agent, or the alternate, your supervising health care provider, or an employee or operator of a health care facility. One witness must not be a family member and must not be entitled to any part of your estate.
CAN AN AHCD BE MODIFIED OR REVOKED?
You may change or revoke your AHCD at any time. To specifically revoke a health care agent, you will inform your supervising health care provider. If you wish to modify or revoke your health care instructions, you may do so at any time and in any manner that communicates your intent.
Executing a new AHCD automatically revokes your previous AHCD. However, to avoid confusion, you should notify everyone who has a copy of your AHCD of any modifications or revocations. An AHCD will remain valid unless you either revoke it, execute a new one, or specify a date when the AHCD expires.

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About the Author
Scott P. Schomer is a graduate of Boston University School of Law and is a frequent lecturer on estate planning and elder law issues, having appeared on local and national television discussing the importance of estate planning. Scott has an extensive litigation background and has over the years obtained in excess of twenty five million dollars in judgments and verdicts for his clients. Scott is a member of the Probate Volunteer Panel and has been appointed by the Los Angeles Superior Court to represent numerous parties in contested proceedings in the probate court. Scott has also served as Judge Pro Tempore of the Los Angeles Municipal Court and also been appointed by the court as an expert in probate matters. Because of his extensive experience, Scott brings a unique perspective to helping protect his clients.
SCHOMER LAW GROUP
Schomer Law Group is a professional law corporation that specializes in elder law, probate, wills, trusts and conservatorships. We counsel clients on the unique legal issues relating to advancing age. Whenever possible, we prefer to help clients plan for the future, avoid probate, minimize taxes and solidify their legacy. We also help clients plan for possible incapacity and long-term care. We help our clients deal with issues of aging with independence and dignity. In addition to estate planning, our firm has considerable experience helping victims of elder abuse. Our firm has aggressively pursued remedies and recovered assets belonging to our elderly clients where unscrupulous individuals have taken advantage of the elderly because of diminished capacity or other impairments.
8740 South Sepulveda Blvd, Ste 107
Los Angeles, CA 90045
Phone: (310) 337-7696
Website: www.schomerlawgroup.com