How to Create an Advanced Directive

Advanced directives: making your wishes known

We are here to help you, but you have the right to determine the kinds of treatment you want in every circumstance. We encourage you to ask your physicians, nurse or social worker about an Advance Directive that will guide us in your care.

The Hospital complies with California laws and court decisions and does not discriminate against anyone based upon whether they have an Advance Directive. We have formal policies and procedure to ensure that your wishes about treatment will be followed.

The following are commonly asked questions regarding Advance Directives:

Who decides about my treatment?

Your physician will provide information and advice about treatment. It is your right to decide which treatments you want. You may say "no" to any treatment you don't want -- even if the treatment might keep you alive longer.
Back to top

How do I know what I want?

Your physician must explain the medical condition and discuss your treatment options. Some treatments have "side effects" and you will be offered information about serious problems that medical treatment could cause.

Often, more than one course of treatment may be beneficial -- and people have different ideas about which is best. Your physician can explain which treatments are available but can't choose for you. That decision is your personal choice.
Back to top

What if I'm too sick to decide?

If you are unable to make treatment decisions, your physician will ask your closest relative available or a friend to help decide what's best for you. Sometimes there is not agreement about what to do. That's why it is helpful to define in advance what you want to happen if you are unable to speak for yourself. An Advance Directive lets you say what you want and who you want to speak for you.

One kind of Advance Directive under California law is a form called a Durable Power of Attorney for Healthcare. You don't need a lawyer to fill out the form. If you are 18 years or older and of sound mind, you may list someone on the form to make healthcare decisions when you are not capable. You may choose an adult relative or friend you trust as your "agent" to speak for you.
Back to top

How does this person know what I would want?

Select someone you can trust and talk to that person about what you want. You should also define in the Durable Power of Attorney for Healthcare the circumstances under which you would want medical treatment. Talk to your physician about what you want and give him/her a copy of the form. Give a copy to the person named as your agent, and take a copy with you when you go into a hospital or other treatment facility.

Sometimes treatment decisions are difficult to make and it truly helps your family and your doctors if they know what you want. The Durable Power of Attorney for Healthcare also gives them legal protection when they follow your wishes.
Back to top

What if I don't have anyone to make decisions for me?

You may use another kind of Advance Directive to write down your wishes about treatment. Soemtimes called a living will , it takes effect while you are still alive but unable to speak for yourself. The California Natural Death Act lets anyone 18 years or older and of sound mind, sign a living will called a Declaration.

When you sign a Declaration it tells your physician that you don't want treatment that would only delay your death. All life-sustaining treatment would be stopped if you were terminally ill and your death was expected soon, or if you were permanentley unconscious. You would still receive treatment to maintain your comfort.

The physician must follow your wishes about limiting treatment or turn your care over to another physician who would follow your wishes. Your physician is also legally protected when he or she follows your wishes.
Back to top

Are there other living wills I can use?

Instead of using the Declaration in the Natural Death Act, you may use any of the available living will forms. You might use a Durable Power of Attorney for Healthcare forms without naming an agent. Or you might just write down your wishes on a piece of paper. Your physician and family will use what you write to make decisions about your treatment. Living wills that don't meet the requirements of the Natural Death Act don't give as much legal protection for your physician or your family, should a disagreement arise about how to follow your wishes.
Back to top

What if I change my mind?

You may change or revoke any of these documents at any time, as long as you can communicate your wishes.
Back to top

Do I have to fill out one of these forms?

No, but you should make your wishes know. Just ask you physician to write down what you've said in your medical chart and talk with your family. Your family and physician should be clear about your treatment wishes, and your choices will be more likely followed, if you write them down.
Back to top

Will I still be treated if I don't fill out these forms?

Yes, absolutely. We just want you to know that if you become too sick to make decisions, someone else will have to make them for you.
Back to top

Remember that:

   

  •    A Durable Power of Attorney for Healthcare lets you name someone
            to make treatment decisions for you. That person can make most
           medical decisions--not just those about life-sustaining treatment--
           when you can't speak for yourself. Besides naming an agent,
           you may also use the form to say when you would and
           wouldn't want particular kinds of treatment.

       
  •    If you don't have someone you want to name and make decisions
            when you can't, you may signa Natural Death Act Declaration .
            This Declaration states that you do not want life-prolonging treatment
            if you are terminally ill or permanently unconcious.

    Back to top
    Back to top