18 March 2014 0 Comments

Advanced Health Care Directives- Secure yourself & your assets

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advanced directive 300x206 Advanced Health Care Directives  Secure yourself & your assetsBefore you find yourself affected by an injury or illness, you should know that you can plan now for your medical care if you are unable to speak for yourself in the future.

An individual has the right to make his or her own medical decisions as long as he or she understands what’s going on. Once the doctor gives you information and advice about treatment, you have the right to choose; you can say yes or you can say no.

California Probate Code Section 4609 states, “Capacity means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of proposed health care, the ability to understand its significant benefits, risks, and alternatives.”

If you cannot make your own decision, you can turn to a family member or close friend for help in deciding what your best option is. They, also, can talk to the doctor in order to get all the facts on your condition and treatment.

In addition, you may tell your doctor that you want someone else to make healthcare decisions for you. Ask your doctor to list that person as your healthcare surrogate in your medical record. The surrogate only has control over your current illness and treatment – until you are discharged.

If a serious illness appears without warning and you are too sick to make your own healthcare decision, your doctor will ask a close family member or friend to help decide what is best for you. Most of the time it works, but sometimes an agreement cannot be reached. To ensure your wishes are carried out, it is helpful to state in advance what you want to happen in the event you cannot speak for yourself.

Creating an Advance Health Care Directives before you need to make healthcare decisions is your best option. The legal document states who will speak on your behalf (your agent) and what should be done. It does not take effect until after you lose the ability to make decisions for yourself. However, if you wish, you can state that you want the agent to begin making decisions immediately.

It is very important to have an estate plan in place that consists of at least a last Will and Testament, and Advanced Health Care Directives. This is the only way your wishes will be known with regards to your medical care and the distribution of your assets upon your death. To start your Probate and Estate Planning contact the family law offices of Holstrom, Sissung & Block. We will walk you through all your financial planning options and discuss which would best fit your needs.

If you are interested in learning more about estate planning or advance health care directives, visit us online or by phone. We will help you and you get peace of mind when facing serious health issues or a terminal prognosis of a loved one.

We are conveniently located in Riverside, San Bernardino and Orange Counties.

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