ADVANCE HEALTH CARE DIRECTIVE
(California Probate Code Section 4701)
Explanation
You have the right to give instructions about your own health care.
You also have the right to name someone else to make health care
decisions for you. This form lets you do either or both of these things.
It also lets you express your wishes regarding donation of organs and
the designation of your primary physician. If you use this form, you may
complete or modify all or any part of it. You are free to use a
different form.
Part 1 of this form is a power of attorney for health care. Part 1
lets you name another individual as agent to make health care decisions
for you if you become incapable of making your own decisions or if you
want someone else to make those decisions for you now even though you
are still capable. You may also name an alternate agent to act for you
if your first choice is not willing, able, or reasonably available to
make decisions for you. (Your agent may not be an operator or employee
of a community care facility or a residential care facility where you
are receiving care, or your supervising health care provider or employee
of the health care institution where you are receiving care, unless your
agent is related to you or is a coworker.)
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.
Part 2 of this form lets you give specific instructions about any
aspect of your health care, whether or not you appoint an agent. Choices
are provided for you to express your wishes regarding the provision,
withholding, or withdrawal of treatment to keep you alive, as well as
the provision of pain relief. Space is also provided for you to add to
the choices you have made or for you to write out any additional wishes.
If you are satisfied to allow your agent to determine what is best for
you in making end-of-life decisions, you
need not fill out Part 2 of this form.
Part 3 of this form lets you express an intention to donate your
bodily organs and tissues following your death.
Part 4 of this form lets you designate a physician to have primary
responsibility for your health care.
After completing this form, sign and date the form at the end. The
form must be signed by two qualified witnesses or acknowledged before a
notary public. Give a copy of the signed and completed form to your
physician, to any other health care providers you may have, to any
health care institution at which you are receiving care, and to any
health care agents you have named. You should talk to the person you
have named as agent to make sure that he or she understands your wishes
and is willing to take the responsibility.
You have the right to revoke this advance health care directive or
replace this form at any time.
PART 1
POWER OF ATTORNEY FOR HEALTH CARE
(1.1) DESIGNATION OF AGENT: I designate the following individual as
my
agent to make health care decisions for me:
______________________________________________________________________
(name of individual you choose as agent)
______________________________________________________________________
(address) (city) (state) (ZIP Code)
______________________________________________________________________
(home phone) (work phone)
OPTIONAL: If I revoke my agent's authority or if my agent is not
willing, able, or reasonably available to make a health care decision
for me, I designate as my first alternate agent:
______________________________________________________________________
(name of individual you choose as first alternate agent)
______________________________________________________________________
(address) (city) (state) (ZIP Code)
______________________________________________________________________
(home phone) (work phone)
(1.2) AGENT'S AUTHORITY: My agent is authorized to make all health
care
decisions for me, including decisions to provide, withhold, or withdraw
artificial nutrition and hydration and all other forms of health care to
keep me alive, except as I state here:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(Add additional sheets if needed.)
(1.4) AGENT'S OBLIGATION: My agent shall make health care decisions
for me in accordance with this power of attorney for health care, any
instructions I give in Part 2 of this form, and my other wishes to the
extent known to my agent. To the extent my wishes are unknown, my agent
shall make health care decisions for me in accordance with what my agent
determines to be in my best interest. In determining my best interest,
my agent shall consider my personal values to the extent known to my
agent.
(1.5) AGENT'S POSTDEATH AUTHORITY: My agent is authorized to make
anatomical gifts, authorize an autopsy, and direct disposition of my
remains, except as I state here or in Part 3 of this form:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(Add additional sheets if needed.)
(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs
to be appointed for me by a court, I nominate the agent designated in
this form. If that agent is not willing, able, or reasonably available
to act as conservator, I nominate the alternate agents whom I have
named, in the order designated.
PART 2
INSTRUCTIONS FOR HEALTH CARE
If you fill out this part of the form, you may strike any wording you
do not want.
(2.1) END-OF-LIFE DECISIONS: I direct that my health care providers
and others involved in my care provide, withhold, or withdraw treatment
in accordance with the choice I have marked below:
[ ] (a) Choice Not To Prolong Life
I do not want my life to be prolonged if (1) I have an incurable and
irreversible condition that will result in my death within a relatively
short time, (2) I become unconscious and, to a reasonable degree of
medical certainty, I will not regain consciousness, or (3) the likely
risks and burdens of treatment would outweigh the expected benefits, OR
[ ] (b) Choice To Prolong Life
I want my life to be prolonged as long as possible within the limits of
generally accepted health care standards.
(2.2) RELIEF FROM PAIN: Except as I state in the following space, I
direct that treatment for alleviation of pain or discomfort be provided
at all times, even if it hastens my death:
______________________________________________________________________
______________________________________________________________________
(Add additional sheets if needed.)
This is a sample “Living Will” and “Power of Attorney for Health Care”
for the State of California. Only the first 2 parts of this 5-part
document are displayed in this sample.