LA Estate Planning: Appoint Your Healthcare Proxy Today
TL;DR: In California, an Advance Health Care Directive lets you name a healthcare agent and record treatment preferences so your wishes are followed if you cannot speak. Execute it correctly (notary or qualified witnesses), share it with your care team, and revisit after life changes. For help in Los Angeles, contact us.
Why a Healthcare Proxy Belongs in Your LA Estate Plan
In California, your healthcare proxy (also called your agent) is the person you legally authorize to speak with doctors and make medical decisions if you are unable to do so. In Los Angeles, where care often involves large hospital systems and multiple specialists, having a clearly designated agent reduces confusion, can speed decision-making, and helps ensure that your preferences are honored. It also helps spare family members from conflict during emergencies.
The California Tool: Advance Health Care Directive
California’s Health Care Decisions Law allows you to combine a health care power of attorney and individual health care instructions in a single Advance Health Care Directive (Probate Code, Div. 4.7). In one document, you can name an agent and alternates; describe treatment preferences (for example, life support, pain relief, organ donation); state wishes about where you receive care; and set limits on your agent’s authority. When properly executed, the directive is valid statewide and is typically accepted by hospitals and clinics across California, including in the LA area.
Who You Can Appoint
You may choose almost any adult—spouse, partner, relative, or trusted friend—as your agent. California law restricts certain people affiliated with your health care provider or facility from serving unless they are related to you; see the rules governing the power of attorney for health care (Probate Code, Div. 4.7, Ch. 2, Art. 2). Choose someone who understands your values, can stay calm in emergencies, and will advocate for you.
Signing and Witnessing Requirements
California requires proper execution. You may sign before a notary public, or sign with two adult witnesses who meet state criteria. If you are in a skilled nursing facility, an ombudsman or patient advocate generally must witness the execution (Execution of Advance Health Care Directive). Because formalities affect validity, many people choose notary execution or have counsel coordinate compliant witnessing.
What Your Agent Can Do
If you become unable to make decisions, your agent may consent to, refuse, or withdraw medical treatment; access medical information consistent with HIPAA; select or change healthcare providers and facilities; and make post-death decisions you authorize (such as organ donation), all within California law and any instructions in your directive (Probate Code, Div. 4.7, Ch. 2, Art. 2).
Choosing the Right Agent
Prioritize trust, availability, and communication. Name at least one alternate. Discuss your values, including pain management, life-sustaining treatment, quality of life, and religious or cultural considerations. Confirm your agent is comfortable asserting your wishes even under pressure.
Practical tips for Los Angeles residents
- Tell your agent where the original directive is stored and share PDFs via patient portals.
- Add your agent’s contact info to your phone’s emergency contacts.
- Upload the directive to major hospital systems you use in LA.
- Revisit the document after major life events or diagnosis changes.
Keeping Your Directive Effective and Accessible
After signing, give copies to your agent and alternates, your primary care doctor, and relevant specialists. Upload it to your patient portals if available. Carry a wallet card noting that you have a directive and who to contact. Review your directive after major life events like marriage, divorce, diagnosis, or a change in your preferred agent.
Checklist: Complete your California directive
- [ ] Choose your primary agent and at least one alternate.
- [ ] Decide on key preferences (life support, pain control, organ donation).
- [ ] Complete the California form accurately.
- [ ] Execute with a notary or two qualified witnesses.
- [ ] Provide copies to your agent and doctors; upload to portals.
- [ ] Review every 2-3 years or after life changes.
How This Fits With the Rest of Your Estate Plan
Your healthcare directive works alongside your durable financial power of attorney, will or trust, and any HIPAA authorization you choose to include. Coordinating these documents helps avoid gaps in authority and allows loved ones to manage both medical and financial matters more smoothly during a crisis.
Getting Started in Los Angeles
You can begin with California’s statutory Advance Health Care Directive form (California Attorney General PDF) and tailor it to your wishes. An estate planning attorney can help customize instructions, ensure proper execution, and integrate your directive with the rest of your plan. We regularly prepare healthcare directives for clients across Los Angeles and can coordinate notarization and medical record sharing. Ready to protect your wishes? Contact us.
FAQ
Is a separate HIPAA release still needed?
Often your directive includes HIPAA authority, but some providers prefer a standalone HIPAA release. Many clients sign both.
Can my out-of-state agent act in California?
Yes, if properly named in your California directive. Make sure they are reachable and comfortable communicating with LA providers.
Does marriage or divorce automatically change my agent?
No. Your document controls until you revoke or replace it. Review and update after major life events.
Will hospitals honor my out-of-state directive?
Many will, but a California-compliant directive is best for clarity and acceptance statewide.
Can I limit my agent’s authority?
Yes. You can grant, limit, or withhold specific powers and provide detailed instructions.
Key legal references
- California Probate Code, Division 4.7 (Health Care Decisions Law)
- Power of Attorney for Health Care (Article 2)
- Execution of Advance Health Care Directive (Article 3)
- California Statutory Advance Health Care Directive Form (AG)
Disclaimer
This blog post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and vary by situation; consult a qualified California attorney about your specific circumstances.