1.408.376.2755
Diane M. Brown, Esq.  
Attorney at Law  
 
     
Site Topics

Home
About Us
Our Services
General Estate Planning
Wills and Codicils
General Overview of Trusts
Trust Administration
Finance Power of Attorney
Adv. Health Care Directive
Guardianship for a Minor
Client Testimonials
Contact Us
Useful Links
Consultation Certificate
Disclaimer


Diane M. Brown, Esq.

Picture of Diane M. Brown

Diane M. Brown
14103 Winchester Blvd.,
Suite G
Los Gatos, CA 95032
Tel: (408) 376-2755

advanced health care directive

This form is a power of attorney for medical decisions. The Advance Health Care Directive will accomplish the following:

  • Name an agent to make decisions for the principal in the event that the principal is unable to make such medical decisions;
  • Give the agent guidance when making decisions;
  • Direct or opt out of organ donation;
  • Tell the agent your desires regarding termination of life support; and
  • Give the agent the power to arrange for disposition of remains.

Your agent may make all health care decisions that may have to be made unless the form you sign limits the authority of your agent. If you choose not to limit the authority of your agent, your agent will have the right to:

(a) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition.
(b) Select or discharge health care providers and institutions.
(c) Approve or disapprove diagnostic tests, surgical procedures, and programs of medication.
(d) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.
(e) Make anatomical gifts, authorize an autopsy, and direct disposition of remains.

By law your agent may not commit you to a locked facility, consent to convulsive treatment or psychosurgery, or consent to abortion. These decisions will require a court order.

Who should be your agent? Any individual over the age of eighteen may act as an agent. However, some choices are better than others. The best choice is someone who can follow the wishes of the principal without hesitation and in spite of the agent’s own desires and belief systems. Your health care professional cannot act as an agent.