Advance Healthcare Directive Attorneys
An advance healthcare directive is your voice when you cannot speak for yourself. It documents your preferences for medical treatment, life-sustaining measures, pain management, and organ donation, and it appoints a healthcare agent to make decisions on your behalf. Without one, your family may be left guessing about your wishes during the most difficult moments of their lives.
After our daughter was born in 1985, we modified our wills to list appropriate guardians for her and updated our trust. Again, Larry made this process easy to accomplish He made sure that should anything happen to us, our daughter and her guardians would have access to her inheritance when she needed it which gave us peace of mind.
In 1999, the Wife’s mother went into hospice without a will or trust. Larry was able to meet with her mom and make sure power of attorney and medical power of attorney was properly established. His kindness during this difficult time meant a lot to our family.
In 2005 with our daughter turning 21, we three met with Larry in his office to go over the wills and trust with her, so she would understand that everything was taken care of and that she had nothing to worry about. Again, this brought us all great peace of mind. Larry reminds us on a regular basis to review and update our wills and trust as needed.
In 2012, as we were thinking about retiring, Larry was able to make a terrific suggestion for a financial advisor who would help us set up our retirement program. Since this was something neither of us had any skill with, his recommendation, knowing our situation, was perfect.
In 2024, when a friend of ours was hospitalized, her daughter needed to be named as power of attorney and medical power of attorney, so we suggested Larry, who visited once she was discharged and was able to establish the appropriate documentation. This brought great peace of mind to our friend and her daughter.
Now, Davis & Davis LLP has been established with Larry’s son, Eric. Our daughter is looking forward to meeting with them so she may create her own will and trust. We know that Eric is going to be as thorough and caring as his father. After 40+ years with this law firm, we cannot be more delighted with their experience and care for their clients.
If you’re looking for reliable guidance on estate planning, asset protection, or preparing important legal documents, I highly recommend them. They truly care about their clients and take the time to explain your options so you feel confident about your decisions.
Highly recommend for anyone needing help with wills, trusts, powers of attorney, or comprehensive estate planning services.
WHY IT MATTERS
What Happens If You Have No Advance Healthcare Directive?
Without an advance healthcare directive, your family has no legal document to guide them when they face critical medical decisions on your behalf. Even the closest family members can disagree about what you would have wanted, and California law does not automatically grant your spouse or adult children the authority to make every type of healthcare decision for you.
Your Family Faces Impossible Decisions Without Guidance
When there is no directive in place, your loved ones must make life-and-death medical decisions with no written record of your preferences. Should treatment continue? Would you want mechanical ventilation? What about artificial nutrition? These questions are agonizing for families, and disagreements between family members can create lasting conflict during an already devastating time.
Doctors Follow Default Protocols, Not Your Preferences
Without a directive that specifies your wishes, healthcare providers follow standard medical protocols and their own clinical judgment. This may include aggressive treatment that you would not have chosen, or conversely, a level of intervention that falls short of what you would have wanted. Your directive puts you in control of these decisions before the situation arises.
A Court May Need to Intervene
If family members disagree about your care and there is no directive to resolve the dispute, the matter may end up in court. A judge who has never met you may be asked to determine what medical treatment you should receive. This process is slow, expensive, public, and entirely avoidable with a properly drafted advance healthcare directive.
SPEAK FOR YOURSELF, EVEN WHEN YOU CANNOT
Make Your Healthcare Preferences Legally Clear
An advance healthcare directive gives your family clarity and gives you control. In a free, no-obligation consultation, a Board Certified estate planning specialist will walk you through the decisions your directive should address and ensure your document meets every California requirement.
WHAT YOUR ADVANCE HEALTHCARE DIRECTIVE COVERS
What Your Advance Healthcare Directive Covers
California’s advance healthcare directive combines two critical components into a single document: a statement of your healthcare wishes (sometimes called a living will) and the appointment of a healthcare agent. Together, these provisions ensure your preferences are documented and that someone you trust has the legal authority to carry them out.
Healthcare Agent Appointment
Your directive names a healthcare agent (also called a healthcare proxy) who has the legal authority to make medical decisions on your behalf when you are unable to do so. You can also name one or more successor agents in case your primary agent is unavailable. We help you think through the qualities and qualifications that matter most for this role.
End-of-Life Treatment Preferences
Your directive allows you to specify whether you want life-sustaining treatment (such as mechanical ventilation, CPR, or artificial nutrition) to be administered, withheld, or withdrawn under specific circumstances. These instructions give your healthcare agent and your medical team clear guidance when it matters most.
Pain Management and Comfort Care
You can document your preferences for pain relief and palliative care, including whether you want maximum comfort measures even if they may shorten your life. This section of your directive ensures that your comfort and dignity are prioritized according to your own values and beliefs.
Organ and Tissue Donation
Your directive can include your wishes regarding organ and tissue donation. You can authorize donation for transplant, research, or education, specify which organs or tissues you are willing to donate, or indicate that you do not wish to be a donor. Documenting this decision in your directive removes uncertainty for your family.
HIPAA Authorization
Federal privacy laws restrict who can access your medical information. A HIPAA authorization, prepared alongside your directive, gives your healthcare agent and other designated individuals the legal right to review your medical records, speak with your doctors, and obtain the information they need to make informed decisions on your behalf.
Instructions for Specific Conditions
Beyond general end-of-life preferences, your directive can address specific medical scenarios that are important to you. This may include instructions related to dementia or Alzheimer's disease, permanent unconsciousness, terminal illness, or other conditions. The more specific your instructions, the more confidence your agent and your medical team will have in honoring your wishes.
COMMON QUESTIONS
Advance Healthercare Directives FAQs
What is an advance healthcare directive?
An advance healthcare directive is a legal document recognized under California Probate Code Sections 4700 through 4701 that allows you to document your medical treatment preferences and appoint a healthcare agent to make decisions on your behalf if you become unable to communicate your own wishes. It combines the functions of a living will and a healthcare power of attorney into a single document.
Is an advance healthcare directive the same as a living will?
In California, the advance healthcare directive replaces what other states call a living will. It goes further by not only documenting your treatment preferences but also appointing a healthcare agent with legal authority to make decisions for you. A standalone living will without an agent appointment leaves gaps that an advance healthcare directive addresses.
Who should I name as my healthcare agent?
Your healthcare agent should be someone you trust to follow your wishes, even under pressure. They should be someone who can remain calm in a medical crisis, communicate effectively with healthcare providers, and make difficult decisions on your behalf. Many people choose a spouse, an adult child, or a close trusted friend. We help you evaluate your options and discuss what to look for in an agent.
Can my healthcare agent override my written instructions?
Generally, your healthcare agent must follow the instructions in your directive. However, if a situation arises that your directive does not specifically address, your agent has the authority to make decisions based on their understanding of your values and what you would have wanted. This is why choosing the right agent and having a detailed conversation with them about your wishes is so important.
When does an advance healthcare directive take effect?
Yes. You can revoke or amend your advance healthcare directive at any time, as long as you have the capacity to do so. You can revoke it by creating a new directive, by providing a written revocation, or by verbally informing your healthcare provider. We recommend reviewing your directive every few years or whenever your health, relationships, or preferences change.
What if I need an advance healthcare directive created urgently?
Davis & Davis LLP specializes in urgent and emergency estate planning. If you or a family member is facing a medical crisis and needs a directive established quickly, we can act immediately. Lawrence Davis’s commitment to being there when it matters most, reflected in his trademarked tagline “If you’re near death, I’m nearby,” means we are prepared to meet with you wherever you are, including in hospitals and care facilities, to ensure your wishes are documented while you still have the capacity to express them.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and prepares advance healthcare directives for individuals and families throughout the San Fernando Valley, greater Los Angeles, and the state of California.