Why Every Californian Needs a Health Care Advance Directive
Protecting your medical choices—even when you can’t speak for yourself
Most of us have preferences about medical treatment. Whether it’s life-support decisions, organ donation, pain management, or who will speak for us if we’re unable—these are deeply personal choices.
Yet too often, they go unplanned. And when an accident or illness happens, families are left with stress, confusion, and sometimes even conflict. That’s exactly what a California Advance Health Care Directive is designed to avoid.
What Is an Advance Health Care Directive?
An Advance Health Care Directive is a legally binding document that lets you:
Appoint someone you trust to make medical decisions for you (called an “agent” or “health care proxy”)
Specify the types of treatments you do or don’t want, including life support or hospice care
Clarify your wishes on pain control, cremation or burial, autopsy, and organ donation
Guide your loved ones and medical providers during a crisis or end-of-life scenario
Unlike older-style “living wills,” California’s updated form (last revised 2023) works in all situations where you cannot make or communicate medical decisions—not just terminal illness.
✅ It’s valid whether your incapacity is temporary (such as surgery or stroke) or permanent.
Why It Matters in California (2025 Update)
California recognizes and enforces Advance Health Care Directives under Probate Code §4600–4806, and medical facilities are required to honor them. In 2025, they also work alongside optional medical orders such as POLST (Physician Orders for Life-Sustaining Treatment), often used for those with serious illness.
If you don’t have a directive in place:
Doctors cannot legally assume your spouse or children have decision-making authority
Your family may need court approval — a costly, public, and slow process
Loved ones may disagree about what you “would have wanted”
You lose control over personal choices such as life support or pain medication
What You Can Decide in Your Directive
• Life-sustaining treatment (CPR, intubation, artificial feeding)
• Pain management and comfort care
• End-of-life decisions (including hospice preferences)
• Your chosen decision-maker (agent/proxy)
• Organ donation preferences
• Funeral wishes
Selecting Your Health Care Agent
This is one of the most important decisions you’ll make. You should choose someone who:
Is trusted and calm under pressure
Understands your values and wishes
Can communicate clearly with doctors and family
Will make decisions even if they don’t align with their own beliefs
✅ Tip: You can name successor agents in case your first choice is unavailable.
When Should You Complete an Advance Directive?
If you're 18 or older — now.
Accidents and medical emergencies happen every day. You don’t need to be elderly or seriously ill to benefit from a directive. Without one, you leave your family vulnerable to uncertainty and emotional burden.
A properly signed directive is effective immediately and remains valid unless revoked or replaced.
How This Fits Into Your Larger Estate Plan
A complete estate plan in California typically includes:
Purpose: Avoid probate & control inheritance Legal Document: Revocable Living Trust
Purpose: Name guardians for minors Legal Document: Will
Purpose: Empower someone for finances Legal Document: Durable Power of Attorney
Purpose: Direct health care & name agent Legal Document: Advance Health Care Directive
Purpose: Share medical info legally Legal Document: HIPAA Authorization
An Advance Health Care Directive is the only document that controls your medical care when you're unable to speak.
We're Here to Help You Put Your Wishes in Writing
At Nett & Nett, PC, we prepare customized, legally enforceable Advance Health Care Directives as part of every trust-based estate plan. We also offer standalone directives for individuals and families.