In previous posts, we reviewed key documents recommended for residents of California (and generally in the U.S.), including wills, appointment of guardians for minor children, living trusts, and financial powers of attorney. Among these estate planning documents, two are especially important for healthcare decisions: the medical power of attorney (Advance Health Care Directive) and the HIPAA release.
Advance Health Care Directive (AHCD)
Known in other contexts as a living will or durable power of attorney for healthcare, the AHCD allows you to make healthcare decisions in advance if you are unable to communicate or make decisions yourself. You can also designate an agent to speak with your doctors and ensure your medical wishes are followed. In California, your spouse cannot automatically make healthcare decisions for you unless you specifically appoint them through this document.
The AHCD is legally required to be completed and recognized by healthcare providers. Without it, doctors may make decisions based on their own judgment or consult with a spouse even if you have not authorized them. This document allows you to make decisions regarding life support, organ donation, burial preferences, and other medical treatments.
HIPAA Release Authorization
This document allows designated individuals to access your medical records. Without it, healthcare providers cannot legally share your information, even with your spouse. If you are unable to communicate, the HIPAA release ensures that your chosen individuals can receive updates and make informed decisions according to your wishes.
For Adults and Young Adults
If your children have turned 18, it is highly recommended that they complete both an AHCD and a HIPAA release so that parents can access medical information and communicate with doctors if necessary. Increasingly, young adults are completing these documents to retain control over their healthcare decisions while they are healthy and capable.
Recommendation
Every adult who is 18 or older should complete an Advance Health Care Directive and a HIPAA release. These documents ensure your healthcare wishes are respected and that the people you trust can act on your behalf if you are unable to do so.
The above does not constitute legal advice and should not be considered a substitute for legal counsel. For legal advice, please consult a licensed attorney. Nothing in this article creates an attorney-client relationship