Skilled Advance Directives Attorney In Ontario, California
Advance directives are essential components of your estate plan. They allow for greater control over medical care and end-of-life decisions regarding your future health.
Attorney Curtis R. Aijala of the Law Office of Curtis R. Aijala, APLC, can assist in creating comprehensive and thoughtful advance directives that effectively protect your health care autonomy in California. You can rely on his knowledge and 25-plus years of experience.
How To Create An Advance Directive In California
Creating an advance directive requires several steps to help make it legally valid and aligned with your personal health care preferences. You need to:
- Select the type of directive that best meets your specific health care planning needs
- Draft the directive document by working with an estate planning lawyer to create a legally sound agreement that outlines your medical preferences and appointed decision-makers
- Appoint a health care agent by selecting someone responsible for making medical decisions according to your documented wishes
- Execute the document properly through signing with required witnesses or notarization as specified by California law
- Distribute copies to your health care agent, primary physician, family members and other relevant parties
Following these steps carefully can create an advance directive that serves your goals and protects your health care autonomy.
The Most Important Elements To Include In An Advance Directive
Several critical components should be addressed in your advance directive to provide comprehensive health care guidance. Key elements include specific instructions regarding life-sustaining treatments, pain management preferences, organ donation decisions, and religious or personal beliefs that should guide medical care.
You should also clearly identify your chosen health care agent and any alternate agents, outline their authority and limitations, and provide guidance on quality-of-life considerations that should influence medical decisions.
Frequently Asked Questions
If you are considering creating an advance directive for your future medical care, the choices you make can feel overwhelming, especially when you want to protect both your privacy and your family’s ability to help. Understanding the legal process can help you make informed decisions.
Can I limit my agent’s authority or require them to consult certain family members?
Yes, you can. You can also give instructions that require your agent to consult certain family members before making medical decisions. For example, you can state that your agent must speak with one or more named relatives before deciding on a major treatment, or that certain people need to be informed of your condition.
Keep in mind, though, that the more restrictions you add, the more you may slow down your agent’s urgent decision-making role, so it is beneficial to consult an attorney before you sign your document.
Can I include a HIPAA authorization in my California advance directive so doctors can talk to my family?
Yes, you can include a HIPAA authorization in your advance directive so doctors can speak with your loved ones. A HIPAA authorization is separate from the health care power of attorney, but you can include it in the same document if you draft it correctly. This can help your doctors share medical information with the people you name, even if they are not your agent.
You can also tailor the authorization so that it applies only to certain family members. For example, you might authorize your doctor to speak with your spouse and adult children, but not with others, or you might allow disclosure only while you are incapacitated.
Can someone sign for me if I physically cannot sign in California?
Yes, if you are dealing with a physical limitation, another person can sign for you in certain circumstances. Generally, that person must sign at your direction and in your presence, and the advance directive should be witnessed or notarized as required by California law. It is important to follow the state’s signing rules so that the document is valid.
Work With An Ontario Advance Directives Lawyer
The Law Office of Curtis R. Aijala, APLC, can assist with the creation of comprehensive and effective advance directives. Call attorney Aijala in California at 909-983-0877 or use the online contact form to schedule your free consultation today.