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ARTICLE 6:
WHAT IS AN ADVANCED
HEALTH CARE DIRECTIVE
Advance
health care directives or advance directives are instructions
given by an individual specifying what should be done for his
or her health in case he or she is no longer able to make decisions.
A living will is one type of advance directive. It is often
accompanied by a specific type of power of attorney or health
care proxy. These are legal instruments that are usually witnessed
or notarized. It is often encouraged that people complete both
documents to provide the most comprehensive guidance regarding
their care. Studies have also shown that adults are more likely
to complete documents written in everyday language. One example
of a combination document written in everyday language is the
Five Wishes advance directive.
A living will usually covers specific directives as
to the course of treatment that is to be taken by caregivers,
or, in particular, in some cases forbidding treatment and sometimes
also food and water, should the principal be unable to give
informed consent ("individual health care instruction") due
to incapacity. As the name suggests, the term "will to live",
as opposed to the other terms, tends to emphasize the wish to
live as long as possible rather than refusing treatment in the
case of serious conditions.
A power of attorney for health care appoints an individual
(a proxy) to direct health care decisions should the principal
be unable to do so.
In the United States, most states recognize living wills or
the designation of a health care proxy. For example California
does not recognize a living will but instead uses an Advanced
Health Care Directive. However, a "report card" issued by the
Robert Wood Johnson Foundation in 2002 concluded that only seven
states deserved an "A" for meeting the standards of the model
Uniform Rights of the Terminally Ill Act. Surveys show that
one-third of Americans say they've had to make decisions about
end-of-life care for a loved one.
Consumers
Advance Health Care Directive: What's Important to You
An "advance health care directive" lets your physician, family
and friends know your health care preferences, including the
types of special treatment you want or don't want at the end
of life, your desire for diagnostic testing, surgical procedures,
cardiopulmonary resuscitation and organ donation.
By considering your options early, you can ensure the quality
of life that is important to you and avoid having your family
"guess" your wishes or having to make critical medical care
decisions for you under stress or in emotional turmoil.
ADVANCE HEALTH CARE DIRECTIVE CHECKLIST
The material prepared for this checklist is intended as informational
only and not as legal advice. "If you are unsure of your options
or have questions, we suggest that you talk with your physician,
your lawyer and other trusted advisors."
- GATHER INFORMATION FOR DECISION-MAKING.
Your physician is a good place to start for understanding
your options on health care treatment at the end of life.
In addition, many organizations have information that may
be useful.
- DISCUSS YOUR END-OF-LIFE DECISIONS WITH
KEY PEOPLE. Talk about your decisions with your family,
physician and others who are close to you. Some questions
to consider for discussion:
- What is important to you when you are dying?
- Are there specific medical treatments you especially
want or do not want?
- When you are dying, do you want to be in a nursing home,
hospital or at home?
- What are the options in Palliative
Care/Pain Management and Hospice
Care?
- PREPARE YOUR ADVANCE CARE DIRECTIVE
FORM. Under state law, you have a legal right to express
your health care wishes and to have them considered in situations
when you are unable to make these decisions yourself. California
consolidated various earlier forms used to indicate health
care preferences into one Advance Care Directive. All valid
health care directives executed before July 1, 2000 can remain
in effect under California Probate Code section 4701. Earlier
forms included Natural Death Act Declaration, Directive to
Physicians and Durable Power of Attorney for Health Care.
While state law requires certain provisions to appear in your
health care directive, there is no single form in use to document
your wishes. View California
Probate Code Sample Form. [PDF
15.4 kb / 7 pg]
A wide array of resources are available on advance health care
directives, including FAQs provided by health and hospice care
providers such as the California
Medical Association.
- DESIGNATE PERSON TO CARRY OUT WISHES.
Select who should handle your health care choices and discuss
the matter with them. You could name a spouse, relative or
other agent.
- INFORM KEY PEOPLE OF YOUR PREFERENCES.
Notify your doctor, family and close friends about your end-of-life
preferences. Keep a copy of your signed and completed advance
health care directive safe and accessible. This will help
ensure that your wishes will be known at the critical time
and carried out. Give a copy of your form to:
- The person you appoint as your agent and any alternate
designated agents
- Your physician
- Your health care providers
- The health care institution that is providing your care
- Family members
- Other responsible person who is likely to be called
if there is a medical emergency
RESOURCES
Note: This listing is intended
as a starting point and provided for informational purposes
only. There are many other resources available that you may
wish to research. Listing here is not an endorsement of the
organization or its web page content. If you have questions,
please consult with your physician, lawyer, accountant or other
appropriate person.
Probate,
Trusts, Wills, and Estate Planning Attorney
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Servicing
Orange County, Irvine, Laguna Woods, Leisure World, Seal
Beach, Laguna Beach, Laguna Hills, Lake Forest, Mission
Viejo, Laguna Niguel, Aliso Viejo, Coto De Caza, San Clemente,
Newport Beach, Huntington Beach
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 Orange
County's friendly and caring estate planning law office.
The Law Office of Tracy Murphy is located in the city of
Irvine, in Orange County, California. Tracy Murphy represents
individuals, families, and small business owners in estate planning,
business planning, and tax planning. Tracy Murphy is a knowledgeable
estate planning attorney who understands the value of establishing
trustworthy, long-term relationships with each client. Clients
appreciate the availability of house calls and hospital visits
at no additional cost.
Tracy
Murphy, Attorney At Law sets the highest standards
in Custom Estate Planning, dedicated to today's needs and tomorrow's
realities. Thorough and thoughtful evaluation of your needs guarantees
the optimum solution for your circumstances - no matter how simple
or complex.
Your
attorney should be your advocate. I will help you
plan one of the most important aspects of your future - your legacy.
With information assembled in one-on-one meetings, we will personalize
a trust that will put a legal frame to your needs and anchor your
financial legacy.
Together
we will set objectives, address concerns
and custom-build an Estate Plan tailored to reflect
your needs, lifestyle and goals. Caring continuing attention to
the administration of your estate offers comfort to loved ones
and helps avoid unnecessary family hardship.
 "I
believe the most important estate planning objectives are protecting
what you have earned, and planning to provide for your loved ones"
- Tracy Murphy.
ABOUT ORANGE COUNTY WHERE THE MAJORITY OF OUR CLIENTS ARE:
Orange County is a county in Southern California, United States.
Its county seat is Santa Ana. According to the 2000 Census, its
population was 2,846,289, making it the second most populous county
in the state of California, and the fifth most populous in the
United States. The state of California estimates its population
as of 2007 to be 3,098,121 people, dropping its rank to third,
behind San Diego County. Thirty-four incorporated cities are located
in Orange County; the newest is Aliso Viejo.
Unlike many other large centers of population in the United States,
Orange County uses its county name as its source of identification
whereas other places in the country are identified by the large
city that is closest to them. This is because there is no defined
center to Orange County like there is in other areas which have
one distinct large city. Five Orange County cities have populations
exceeding 170,000 while no cities in the county have populations
surpassing 360,000. Seven of these cities are among the 200 largest
cities in the United States.
Orange County is also famous as a tourist destination, as the
county is home to such attractions as Disneyland and Knott's Berry
Farm, as well as sandy beaches for swimming and surfing, yacht
harbors for sailing and pleasure boating, and extensive area devoted
to parks and open space for golf, tennis, hiking, kayaking, cycling,
skateboarding, and other outdoor recreation. It is at the center
of Southern California's Tech Coast, with Irvine being the primary
business hub.
The average price of a home in Orange County is $541,000. Orange
County is the home of a vast number of major industries and service
organizations. As an integral part of the second largest market
in America, this highly diversified region has become a Mecca
for talented individuals in virtually every field imaginable.
Indeed the colorful pageant of human history continues to unfold
here; for perhaps in no other place on earth is there an environment
more conducive to innovative thinking, creativity and growth than
this exciting, sun bathed valley stretching between the mountains
and the sea in Orange County.
Orange County was Created March 11 1889, from part of Los Angeles
County, and, according to tradition, so named because of the flourishing
orange culture. Orange, however, was and is a commonplace name
in the United States, used originally in honor of the Prince of
Orange, son-in-law of King George II of England.
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Incorporated:
March 11, 1889
Legislative Districts:
* Congressional: 38th-40th, 42nd & 43
* California Senate: 31st-33rd, 35th & 37
* California Assembly: 58th, 64th, 67th, 69th, 72nd &
74
County Seat: Santa Ana
County Information:
Robert E. Thomas Hall of Administration
10 Civic Center Plaza, 3rd Floor, Santa Ana 92701
Telephone: (714)834-2345 Fax: (714)834-3098
County Government Website: http://www.oc.ca.gov |
CITIES OF ORANGE COUNTY CALIFORNIA:
City
of Aliso Viejo,
92653, 92656, 92698
City of Anaheim, 92801,
92802, 92803, 92804, 92805, 92806, 92807, 92808, 92809,
92812, 92814, 92815, 92816, 92817, 92825, 92850, 92899
City of Brea, 92821,
92822, 92823
City of Buena Park,
90620, 90621, 90622, 90623, 90624
City of Costa
Mesa, 92626, 92627, 92628
City of Cypress,
90630
City of Dana Point,
92624, 92629
City of Fountain
Valley, 92708, 92728
City of Fullerton,
92831, 92832, 92833, 92834, 92835, 92836, 92837, 92838
City of Garden
Grove, 92840, 92841, 92842, 92843, 92844, 92845, 92846
City of
Huntington Beach, 92605, 92615, 92646, 92647, 92648,
92649
City of Irvine,
92602, 92603, 92604, 92606, 92612, 92614, 92616, 92618,
92619, 92620, 92623, 92650, 92697, 92709, 92710
City of La Habra,
90631, 90632, 90633
City of La Palma,
90623
City of Laguna
Beach, 92607, 92637, 92651, 92652, 92653, 92654, 92656,
92677, 92698
City of Laguna
Hills, 92637, 92653, 92654, 92656
City of Laguna
Niguel, 92607, 92677
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City
of Laguna Woods,
92653, 92654
City of Lake Forest,
92609, 92630, 92610
City of Los
Alamitos, 90720, 90721
City of Mission
Viejo, 92675, 92690, 92691, 92692, 92694
City of Newport
Beach, 92657, 92658, 92659, 92660, 92661, 92662, 92663
City of Orange,
92856, 92857, 92859, 92861, 92862, 92863, 92864, 92865,
92866, 92867, 92868, 92869
City of Placentia,
92870, 92871
City of Rancho Santa
Margarita, 92688, 92679
City of San Clemente,
92672, 92673, 92674
City of San
Juan Capistrano, 92675, 92690, 92691, 92692, 92693,
92694
City of Santa Ana,
92701, 92702, 92703, 92704, 92705, 92706, 92707, 92708,
92711, 92712, 92725, 92728, 92735, 92799
City of Seal Beach,
90740
City of Stanton,
90680
City of Tustin, 92780,
92781, 92782
City of Villa Park,
92861, 92867
City of Westminster,
92683, 92684, 92685
City of Yorba
Linda, 92885, 92886, 92887
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Noteworthy
communities Some of the communities that exist within city
limits are listed below:
* Anaheim Hills, Anaheim * Balboa Island, Newport Beach
* Corona del Mar, Newport Beach * Crystal Cove/Pelican Hill,
Newport Beach * Capistrano Beach, Dana Point * El Modena,
Orange * French Park, Santa Ana * Floral Park, Santa Ana
* Foothill Ranch, Lake Forest * Monarch Beach, Dana Point
* Nellie Gail, Laguna Hills * Northwood, Irvine * Woodbridge,
Irvine * Newport Coast, Newport Beach * Olive, Orange *
Portola Hills, Lake Forest * San Joaquin Hills, Laguna Niguel
* San Joaquin Hills, Newport Beach * Santa Ana Heights,
Newport Beach * Tustin Ranch, Tustin * Talega, San Clemente
* West Garden Grove, Garden Grove * Yorba Hills, Yorba Linda
* Mesa Verde, Costa Mesa
Unincorporated communities These communities are outside
of the city limits in unincorporated county territory:
* Coto de Caza * El Modena * Ladera Ranch * Las Flores *
Midway City * Orange Park Acres * Rossmoor * Silverado Canyon
* Sunset Beach * Surfside * Trabuco Canyon * Tustin Foothills
Adjacent counties to Orange County Are: * Los Angeles
County, California - north, west * San Bernardino County,
California - northeast * Riverside County, California -
east * San Diego County, California - southeast
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