You have the freedom to make advance decisions as to whether you want to have your life prolonged should there be a reasonable degree of medical certain that you will not regain consciousness, your condition is irreversible and fatal, or the risks of treatment would outweigh the benefits. With that in mind, how you word your advance directive plays a key role in whether your wishes will be observed.
An advance health care directive needs to be a part of your estate planning. This document allows you to appoint someone to make medical decisions for you should you become incapacitated. It also allows you to state your medical wishes in advance on sensitive topics such as end of life decisions.
This document makes the process simpler for the person you designate as your health care surrogate. Your decision is already made. All he or she has to do is make sure your medical wishes are carried out by giving you a voice when you can’t speak for yourself.
Help in Preparing Your Advance Health Care Directive
Your decisions should be yours to make. However, if they are not executed properly, someone may be able to object when you can’t defend your wishes. Petrov Law Firm can help you to word your advance directive clearly and in harmony with California state law. Every state requires different wording for health care directives, so even if you have moved into California with an existing document, it needs to be updated right away. Call 619-344-0360 to get the help you need.Read More
Advanced medical directives help maintain a person’s right to self-determine and to make medical decisions in advance while in the proper frame of mind so that health decisions can be carried out in accordance with his or her wishes if unconscious or no longer in a proper state of mind to make such decisions. One type of medical directive is a psychiatric care directive.Who can benefit most from this type of legal document?
Who Benefits from a Psychiatric Care Directive?
First of all, it is important to note that one does not to be suffering from any form of mental illness to have this type of directive. The document is in place to determine a person’s desires should he or she ever suffer from a mental disorder in the future. It can outline things such as desired forms of treatment as well as name persons who can make healthcare decisions on his or her behalf should the need arise.
If an individual suffers from a mental disorder, it is important for the person to be in the right frame of mind when the document is executed in order for it to be legal. If a person is deemed mentally incapacitated at the time the document is executed, it may be considered void.
Legal Advice Regarding Advanced Medical Directives
If you intend to execute any type of advanced medical directive, the estate planning attorneys at the Petrov Law Firm will be happy to help. This will ensure that the documents are executed properly, and your wishes will be upheld during a medical emergency whether psychiatric or otherwise.
If you are left unconscious by an accident or illness, how can you protect your right of self-determination in the state of California? It is of vital important to have an advanced health care directive legally filled out in advance. What is involved in completing this legal document?
A Document Specific to the State of California
First of all, it is important to note that heath care directives differ from state to state, so you need the wording to be appropriate for your home state, and a lawyer with experience in advanced health care directives can help you to execute this document properly to ensure your wishes are followed.
Second, you need to select the individual (or individuals) responsible for upholding your wishes if you are not conscious to do so yourself. This can be a family member, a reliable friend, or anyone else you trust to uphold your stated decisions. It is important to note that you cannot select a health care provider, your provider’s employee (unless related), or someone who works for any kind of community or residential care facility (again, unless related).
What Does the Directive Accomplish?
In your advanced medical directive, you can outline the types of medical treatment you will or will not accept as well as end of life decisions. This can make such decisions easier for loved ones since they will know your wishes in advance rather than having to make a decision on their own during a time of mourning. The directive also ensures that you will not receive treatments you may find offensive or do not wish to receive for some other reason.
What can happen if you do not have such a document? In the case of you being unable to make a decision (loss of consciousness, etc.) your medical decisions may be made by a distant relative, your doctor, or even a court order from a judge. These individuals may have no idea how you feel about certain forms of treatment. Thus, an advanced medical directive protects your legal right to make health care decisions for yourself.Read More