Advance Health Care Directives
Irrespective of the age, nowadays it is imperative to decide in advance as to what should be done in a health situation where you are not in a position to decide on your own. You can appoint an agent to take a decision in such eventualities and express what you wish to be done to you. Here are some useful guidelines and the form in which it has to be done.
You have the right to give instructions about your own health care.
You also have the right to name someone else to make health care decisions for you.
The Advance Health Care Directive form lets you do one or both of these things. It also lets you write down your wishes about donation of organs and the selection of your primary physician. If you use the form, you may complete or change any part of it or all of it. You are free to use a different form.
INSTRUCTIONS
Part 1: Power of Attorney
Part 1 lets you:
• name another person as agent to make health
care decisions for you if you are unable to make
your own decisions. You can also have your
agent make decisions for you right away, even if
you are still able to make your own decisions.
• also name an alternate agent to act for you if
your first choice is not willing, able or reasonably
available to make decisions for you.
Your agent may not be:
• an operator or employee of a community care
facility or a residential care facility where you are
receiving care.
• your supervising health care provider (the doctor
managing your care)
• an employee of the health care institution where
you are receiving care, unless your agent is
related to you or is a coworker.
Your agent may make all health care decisions for
you, unless you limit the authority of your agent.
You do not need to limit the authority of your agent.
If you want to limit the authority of your agent the
form includes a place where you can limit the
authority of your agent.
If you choose not to limit the authority of your
agent, your agent will have the right to:
• Consent or refuse consent to any care, treatment,
service, or procedure to maintain, diagnose, or
otherwise affect a physical or mental condition.
• Choose or discharge health care providers (i.e.
choose a doctor for you) and institutions.
• Agree or disagree to diagnostic tests, surgical
procedures, and medication plans.
• Agree or disagree with providing, withholding,
or withdrawal of artificial feeding and fluids and
all other forms of health care, including cardiopulmonary resuscitation (CPR).
• After your death make anatomical gifts (donate
organs/tissues), authorize an autopsy, and make
decisions about what will be done with your
body.
Part 2: Instructions for Health Care
You can give specific instructions about any aspect
of your health care, whether or not you appoint an
agent.
There are choices provided on the form to help you
write down your wishes regarding providing, withholding or withdrawal of treatment to keep you
alive.
You can also add to the choices you have made or
write out any additional wishes.
You do not need to fill out part 2 of this form if you
want to allow your agent to make any decisions
about your health care that he/she believes best for
you without adding your specific instructions.
PS-X-MHS-442 (Rev. 3-04) MPS/pmd Part 3: Donation of Organs
You can write down your wishes about donating
your bodily organs and tissues following your death.
Part 4: Primary Physician
You can select a physician to have primary or main
responsibility for your health care.
Part 5: Signature and Witnesses
After completing the form, sign and date it in the
section provided.
The form must be signed by two qualified
witnesses (see the statements of the witnesses
included in the form) or acknowledged before a
notary public. A notary is not required if the
form is signed by two witnesses. The witnesses
must sign the form on the same date it is signed
by the person making the Advance Directive.
See part 6 of the form if you are a patient in a
skilled nursing facility.
Part 6: Special Witness Requirement
A Patient Advocate or Ombudsman must witness
the form if you are a patient in a skilled nursing
facility (a health care facility that provides skilled
nursing care and supportive care to patients).
See Part 6 of the form.
You have the right to change or revoke your Advance Health Care Directive
at any time
If you have questions about completing the Advance Directive in the hospital,
please ask to speak to a Chaplain or Social Worker.
We ask that you
complete this form in English
so your caregivers can understand your directions.
________________________________________________________________________
________________________________________________________________________
Advance Health Care Directive
Name________________________________________
Date_________________________________________
You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form also lets you write down your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or change all or any part of it. You are free to use a different form.
You have the right to change or revoke this advance health care directive at any time.
Part 1 — Power of Attorney for Health Care
(1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me:
Name of individual you choose as agent:______________________________________________________
Relationship_________________________________
Address: ________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
ALTERNATE AGENT (Optional): If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent:
Name of individual you choose as alternate agent:______________________________________________
Relationship_________________________________
Address: ________________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
SECOND ALTERNATE AGENT (optional): If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent:
Name of individual you choose as second alternate agent: _______________________________________
Address: ________________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
________________________________________________________________________
(1.2) AGENT’S AUTHORITY: My agent is authorized to 1) make all health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, 2) to choose a particular physician or health care facility, and 3) to receive or consent to the release of medical information and records, except as I state here:
(Add additional sheets if needed.)
(1.3) WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I initial the following line.
If I initial this line, my agent’s authority to make health care decisions for me takes effect immediately. ____
(1.4) AGENT’S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.
(1.5) AGENT’S POST DEATH AUTHORITY: My agent is authorized to make anatomical gifts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form:
(Add additional sheets if needed.)
(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named. ______ (initial here)
Part 2 — Instructions for Health Care
If you fill out this part of the form, you may strike out any wording you do not want.
(2.1) END-OF-LIFE DECISIONS: I direct my health care providers and others involved in my care to provide, withhold, or withdraw treatment in accordance with the choice I have marked below:
I do not want my life to be prolonged if the likely risks and burdens of treatment would outweigh the expected benefits, or if I become unconscious and, to a realistic degree of medical certainty, I will not regain consciousness, or if I have an incurable and irreversible condition that will result in my death in a relatively short time.
Or
I want my life to be prolonged as long as possible within the limits of generally accepted medical treatment standards.
________________________________________________________________________
(2.2) OTHER WISHES: If you have different or more specific instructions other than those marked above, such as: what you consider a reasonable quality of life, treatments you would consider burdensome or unacceptable, write them here.
Add additional sheets if needed.)
Part 3 — Donation of Organs at Death (Optional)
(3.1) Upon my death (mark applicable box):
My gift is for the following purposes (strike out any of the following you do not want):
Transplant Therapy Research Education
Part 4 — Primary Physician (Optional)
(4.1) I designate the following physician as my primary physician:
Name of Physician:________________________________________________________________
Address: ________________________________________________________________________
Telephone: ______________________________________________________________________________
Part 5 — Signature
(5.1) EFFECT OF A COPY: A copy of this form has the same effect as the original.
(5.2) SIGNATURE: Sign name: _______________________________________
Date: ______________
(5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual’s identity was proven to me by convincing evidence (2) that the individual signed or acknowledged this advance directive in my presence (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual’s health care provider, an employee of the individual’s health care provider, the operator of a community care facility, an employee of an operator of a
community care facility, the operator of a residential care facility for the elderly nor an employee of an operator of a residential care facility for the elderly.
FIRST WITNESS
Print Name: ________________________________________________________________________
Address: ________________________________________________________________________
Signature of Witness: ________________________________________ Date: ________________________
SECOND WITNESS
Print Name: ______________________________________________________________________________
Address: _________________________________________________________________________
Signature of Witness: ________________________________________
Date: ________________________
(5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration:
I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the individual’s estate on his or her death under a will now existing or by operation of law.
Signature of Witness: ______________________________________________________________________
Signature of Witness: ______________________________________________________________________
Part 6 — Special Witness Requirement if in a Skilled Nursing Facility
(6.1) The patient advocate or ombudsman must sign the following statement:
STATEMENT OF PATIENT ADVOCATE OF OMBUDSMAN
I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by section 4675 of the Probate Code:
Print Name:___________________________________
Signature: ________________________________
Address: _________________________________________________________
Date: _________________
Certificate of Acknowledgement of Notary Public (Not required if signed by two witnesses)
State of California, County of _____________
On this ________ day of 20
before me, ______________________________the undersigned, a Notary Public in and for
said State, personally appeared _____________________________________ , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed it.
WITNESS my hand and official seal.
Signature__________________________
Seal
(Courtesy: Attorney General of the State of California)
You have the right to give instructions about your own health care.
You also have the right to name someone else to make health care decisions for you.
The Advance Health Care Directive form lets you do one or both of these things. It also lets you write down your wishes about donation of organs and the selection of your primary physician. If you use the form, you may complete or change any part of it or all of it. You are free to use a different form.
INSTRUCTIONS
Part 1: Power of Attorney
Part 1 lets you:
• name another person as agent to make health
care decisions for you if you are unable to make
your own decisions. You can also have your
agent make decisions for you right away, even if
you are still able to make your own decisions.
• also name an alternate agent to act for you if
your first choice is not willing, able or reasonably
available to make decisions for you.
Your agent may not be:
• an operator or employee of a community care
facility or a residential care facility where you are
receiving care.
• your supervising health care provider (the doctor
managing your care)
• an employee of the health care institution where
you are receiving care, unless your agent is
related to you or is a coworker.
Your agent may make all health care decisions for
you, unless you limit the authority of your agent.
You do not need to limit the authority of your agent.
If you want to limit the authority of your agent the
form includes a place where you can limit the
authority of your agent.
If you choose not to limit the authority of your
agent, your agent will have the right to:
• Consent or refuse consent to any care, treatment,
service, or procedure to maintain, diagnose, or
otherwise affect a physical or mental condition.
• Choose or discharge health care providers (i.e.
choose a doctor for you) and institutions.
• Agree or disagree to diagnostic tests, surgical
procedures, and medication plans.
• Agree or disagree with providing, withholding,
or withdrawal of artificial feeding and fluids and
all other forms of health care, including cardiopulmonary resuscitation (CPR).
• After your death make anatomical gifts (donate
organs/tissues), authorize an autopsy, and make
decisions about what will be done with your
body.
Part 2: Instructions for Health Care
You can give specific instructions about any aspect
of your health care, whether or not you appoint an
agent.
There are choices provided on the form to help you
write down your wishes regarding providing, withholding or withdrawal of treatment to keep you
alive.
You can also add to the choices you have made or
write out any additional wishes.
You do not need to fill out part 2 of this form if you
want to allow your agent to make any decisions
about your health care that he/she believes best for
you without adding your specific instructions.
PS-X-MHS-442 (Rev. 3-04) MPS/pmd Part 3: Donation of Organs
You can write down your wishes about donating
your bodily organs and tissues following your death.
Part 4: Primary Physician
You can select a physician to have primary or main
responsibility for your health care.
Part 5: Signature and Witnesses
After completing the form, sign and date it in the
section provided.
The form must be signed by two qualified
witnesses (see the statements of the witnesses
included in the form) or acknowledged before a
notary public. A notary is not required if the
form is signed by two witnesses. The witnesses
must sign the form on the same date it is signed
by the person making the Advance Directive.
See part 6 of the form if you are a patient in a
skilled nursing facility.
Part 6: Special Witness Requirement
A Patient Advocate or Ombudsman must witness
the form if you are a patient in a skilled nursing
facility (a health care facility that provides skilled
nursing care and supportive care to patients).
See Part 6 of the form.
You have the right to change or revoke your Advance Health Care Directive
at any time
If you have questions about completing the Advance Directive in the hospital,
please ask to speak to a Chaplain or Social Worker.
We ask that you
complete this form in English
so your caregivers can understand your directions.
________________________________________________________________________
________________________________________________________________________
Advance Health Care Directive
Name________________________________________
Date_________________________________________
You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form also lets you write down your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or change all or any part of it. You are free to use a different form.
You have the right to change or revoke this advance health care directive at any time.
Part 1 — Power of Attorney for Health Care
(1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me:
Name of individual you choose as agent:______________________________________________________
Relationship_________________________________
Address: ________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
ALTERNATE AGENT (Optional): If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent:
Name of individual you choose as alternate agent:______________________________________________
Relationship_________________________________
Address: ________________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
SECOND ALTERNATE AGENT (optional): If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent:
Name of individual you choose as second alternate agent: _______________________________________
Address: ________________________________________________________________________________
Telephone numbers: (Indicate home, work, cell) ________________________________________________
________________________________________________________________________
- 2-
(Add additional sheets if needed.)
(1.3) WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I initial the following line.
If I initial this line, my agent’s authority to make health care decisions for me takes effect immediately. ____
(1.4) AGENT’S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.
(1.5) AGENT’S POST DEATH AUTHORITY: My agent is authorized to make anatomical gifts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form:
(Add additional sheets if needed.)
(1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named. ______ (initial here)
Part 2 — Instructions for Health Care
If you fill out this part of the form, you may strike out any wording you do not want.
(2.1) END-OF-LIFE DECISIONS: I direct my health care providers and others involved in my care to provide, withhold, or withdraw treatment in accordance with the choice I have marked below:
- a) Choice Not To Prolong
I do not want my life to be prolonged if the likely risks and burdens of treatment would outweigh the expected benefits, or if I become unconscious and, to a realistic degree of medical certainty, I will not regain consciousness, or if I have an incurable and irreversible condition that will result in my death in a relatively short time.
Or
- b) Choice To Prolong
I want my life to be prolonged as long as possible within the limits of generally accepted medical treatment standards.
________________________________________________________________________
- 3 -
(2.2) OTHER WISHES: If you have different or more specific instructions other than those marked above, such as: what you consider a reasonable quality of life, treatments you would consider burdensome or unacceptable, write them here.
Add additional sheets if needed.)
Part 3 — Donation of Organs at Death (Optional)
(3.1) Upon my death (mark applicable box):
- I give any needed organs, tissues, or parts
- I give the following organs, tissues or parts only:_____________________________________________
- I do not wish to donate organs, tissues or parts.
My gift is for the following purposes (strike out any of the following you do not want):
Transplant Therapy Research Education
Part 4 — Primary Physician (Optional)
(4.1) I designate the following physician as my primary physician:
Name of Physician:________________________________________________________________
Address: ________________________________________________________________________
Telephone: ______________________________________________________________________________
Part 5 — Signature
(5.1) EFFECT OF A COPY: A copy of this form has the same effect as the original.
(5.2) SIGNATURE: Sign name: _______________________________________
Date: ______________
(5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual’s identity was proven to me by convincing evidence (2) that the individual signed or acknowledged this advance directive in my presence (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual’s health care provider, an employee of the individual’s health care provider, the operator of a community care facility, an employee of an operator of a
community care facility, the operator of a residential care facility for the elderly nor an employee of an operator of a residential care facility for the elderly.
FIRST WITNESS
Print Name: ________________________________________________________________________
Address: ________________________________________________________________________
Signature of Witness: ________________________________________ Date: ________________________
SECOND WITNESS
Print Name: ______________________________________________________________________________
Address: _________________________________________________________________________
Signature of Witness: ________________________________________
Date: ________________________
(5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration:
I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance directive by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the individual’s estate on his or her death under a will now existing or by operation of law.
Signature of Witness: ______________________________________________________________________
Signature of Witness: ______________________________________________________________________
Part 6 — Special Witness Requirement if in a Skilled Nursing Facility
(6.1) The patient advocate or ombudsman must sign the following statement:
STATEMENT OF PATIENT ADVOCATE OF OMBUDSMAN
I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by section 4675 of the Probate Code:
Print Name:___________________________________
Signature: ________________________________
Address: _________________________________________________________
Date: _________________
Certificate of Acknowledgement of Notary Public (Not required if signed by two witnesses)
State of California, County of _____________
On this ________ day of 20
before me, ______________________________the undersigned, a Notary Public in and for
said State, personally appeared _____________________________________ , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed it.
WITNESS my hand and official seal.
Signature__________________________
Seal
(Courtesy: Attorney General of the State of California)
Comments
Post a Comment