The television show ER is in its final season. All of the former stars and characters are coming back. Remember Dr. Benton? Or how about Dr. Ross? Last night's episode focused partially on organ donation. It was a poignant reminder that if you have strong feelings about organ donation, that you should make it known [...]
Estate Planning, Southern California Attorney
Category Archives: Advance Health Care Directives
Medical Decision Making.
The most common document prepared by California attorneys for estate planning as it relates to medical decision making is the Advance Health Care Directive.
There are also two other documents that involve medical decision making. One is called the Living Will and the other is a Do Not Resuscitate Order.
1. The Advance Health [...]
National Healthcare Decision Day
April is the month of special days.
The day after April 15, which needs no recognition, is National Healthcare Decision Day. Does this mean that after you sign and seal your tax return, your health takes a turn for the worse and having an Advance Health Care Directive is necessary?
For more information about this [...]
To HIPAA or Not?
One of the more important components of a valid and up-to-date Advance Health Care Directive is ensuring that it has provisions allowing your agent to have unfettered access your medical information.
Under HIPAA and CMIA (Federal and California laws) medical information is now considered private and a release must be signed by you to allow [...]
HIPAA Short for Hippopotamus?
HIPAA, or HIPPA as often stated by many, is not a shorten version or modified pig-Latin for hippopotamus. (Though I am often reminded by hippos when I think of HIPAA.)
HIPAA is an acronym that stands for Health Insurance Portability & Accountability Act of 1996. There are many aspects to HIPAA as evidenced by this website [...]
Burial at Sea.
In a Advance Health Care Directive, you can indicate your wishes for funeral services and whether you wish to be buried or cremated. Many clients choose to be cremated with their ashes scattered at sea.
Another option is to have funeral services also at sea. In Southern California, this is possible as many charter boat [...]
Leaving Written Instructions for End-of-Life.
Many states are enacting right-to-live legislation. Meaning that the default choice for end-of-life wishes in those states will be to be kept alive at all costs including being on a respirator, receiving nutrition and hydration for example.
I have no opinion on this, but I can tell you that if this does not comport with [...]
4 Points for Advance Health Care Directives.
It is estimated that four out of five Americans do not have a written health care or end-of-life directive to help their families make decisions for them if they become incapacitated.
Health care and end-of-life advance planning, if done right, accomplishes four things:
Ensures that the person you want to speak for you has the legal [...]
Witnessing Your Medical Directive.
If you have an Advance Health Care Directive in place, please make sure that it is either notarized or witnessed by two qualified adult witnesses. If you use witnesses rather than a notary public, the law prohibits using the following as witnesses:
1. The persons you have appointed as your agent or alternate agents.
2. Your [...]
Who Makes End of Life Decisions When There is No Medical Directive?
Say someone is no longer able to make medical decisions concerning their end of life care. What happens now?
First, the doctors and family will look to see if the patient has a valid Advance Health Care Directive.
Say the patient never prepared an Advance Health Care Directive. What happens now?
Second, state law may dictate who has [...]
