San Jose Advance Health Care Directive Guidance

Comprehensive Estate Planning Services in San Jose

An advance health care directive is a document included in an estate plan that informs your doctors and loved ones about your medical wishes. These desires may include what you do or do not want at the end of your life in regards to treatment. For example, you may specify if you want to be resuscitated, put on mechanical ventilation, accept nutritional and hydration assistance, or receive dialysis, if necessary.

Prior to creating an advance health care directive, you must consider the different types of medical situations that may arise at any point in your life. A doctor, along with a San Jose probate and estate planning lawyer, may assist you in creating an advance health care directive.

Creating a Legally-Sound Advance Directive in California

For a person to create a valid advance health care directive, a person must be 18 years old, and of sound mind and capacity. Two qualified adult witnesses or notary public is needed to sign and validate an advance health care directive. Their signature proves that they acknowledge the person creating the document is competent and acting out of their own will. A qualified witness cannot be a health care agent, alternate health care agent, supervising health care provider, or an employee of a health care facility.

Family members, by blood, marriage, or adoption cannot witness an advance health care directive, either. Advance health care directives can be revoked or changed at any point. In order to revoke an advance health care directive, a person must inform their health care provider in person or via writing. The creation of a new advance health care directive will revoke any prior advance health care directive.