What is an Advance Directive?

An Advance Health Care Directive (or AD, for short) is a legal document, which states your wishes about the kind of medical treatment you want if you are no longer capable of making your wishes known.  By completing an AD, California law allows you to do either or both of two things:

• First, you may appoint another person to be your health care "agent."  This person (who may also be known as your "attorney-in-fact") will have legal authority to make decisions about your medical care if you become unable to make these decisions yourself.

• Second, you may write down your health care wishes in the AD form - for example, a desire not to receive treatment that only prolongs the dying process if you are terminally ill - your doctor and your agent must follow your lawful instructions.

 Is an AD different from a Living Will?  -  The AD is now the legally recognized format for a living will in California.  It replaces the Natural Death Act Declaration.  You do not need a separate living will if you have already stated your wishes in an AD.

Is an AD different from a Durable Power of Attorney for Health Care?  - In California, The AD has also replaced the Durable Power of Attorney for Health Care (DPAHC) as the legally recognized document for appointing a health care agent (or Attorney–in–Fact.)  

If you have an executed DPAHC or Living Will - It remains valid, unless your existing document has expired.  Because of the flexibility of the new AD form, you may wish to fill out an Advance Directive, even if you have one of the other documents. 

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