Legal Guidance For Healthcare Documents
Don’t forget to review your estate plan. This article specifically addresses the reason why you
want to sign legal documents pertaining to your Healthcare. Options are as follows: Power of
Attorney for Healthcare; Personal Health Instructions, and Advance Healthcare Directive.
Please consider these options so that you can memorialize your wishes and desires. These are
separate documents from your Last Will and Testament and/or your Trust.
A Power of Attorney for health care (PAHC) is a written document designating an agent for
health care decision-making. Probate Code §4605.
Personal Health Instructions describes your ability to make written or oral instructions for your
own healthcare without necessarily naming an agent. Probate Code § 4623. This document is
recommended when you do not have family or friends able or willing to serve as an agent.
An Advance Healthcare Directive (Directive) is the most popular document since it combines the
two choices above by including the designation of an agent and the instructions. If you have
failed to sign these important legal documents and your physician determines that you are unable
to make your own health care decisions, your family members will have to petition the court to
be appointed as your conservator. A conservator is simply a court appointed power of attorney.
It is a lengthy and costly process which can be avoided by having an estate plan in place.
The Health Care Decisions Law governs powers of attorney for healthcare and individual
healthcare instructions and is set forth in Probate Code sections 4600–4806. Most people sign a
statutory Advance Healthcare Directive which is set forth in Probate Code §4701. You have the
right to give instructions about your own health care. You also have the right to name someone
to make health care decisions for you. You can express your wishes regarding donation of
organs; authorizing an autopsy; directing disposition of your remains; and authorizing the release
of your medical records. The decisions you have to make include choosing the person that you
are designating to make healthcare decisions for you. I recommend that you name at least one or
two alternate nominees. If you have young children, they are not eligible to serve as your
nominee until they have reached the age of majority, 18 years. In some circumstances, you may
want to name co-agents and this is acceptable.
The Directive is important because you are providing your agent instructions for health care,
including end-of-life decisions. This portion of the document allows you to direct that your
health care providers and others involved in your care provide, withhold, or withdraw treatment
in accordance with the choice you have indicated. This does include decisions, to provide,
withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep
you alive.
You will need to execute a new document immediately if your DPAHC was executed before
January 1, 1992 because it was valid for only 7 years. Current documents do not contain this
time limitation.
If you fail to sign a DPAHC or a Directive, the healthcare provider will usually turn to next of
kin, unless there is a family disagreement. If you are estranged from your family or physically or
graphically remote, it is critical that you sign a DPAHC or a Directive.
The agent has the power to order internment, cremation, and memorial services. If you are
choosing cremation, I encourage you to sign an Authorization and Consent Form with the funeral
provider before your death. Because cremation is irreversible, providers are very cautious in
going forward if anyone objects unless you have previously signed the consent. Effective July 1,
2020, you may now consider Alkaline Hydrolysis which is also known as water cremation.
