If a person wishes to execute an advance
health care directive, they have a number of options to choose from. The
following are some examples of fill-in-the-blank forms that are used:
1. Statutory Advance Health Care Directive (Probate Code §4701)
The California probate code provides a
template that a person may use for an advance health care directive. It
provides instruction on how to complete and execute the document. Since there
is no virtually no fee for this form, other than the printing cost, the
cost-effectiveness of this option is a definite plus as compared to other
options. However, the person will need to self-educate themselves on the topic
of medical decision-making. Consequently, I know of no attorney who advises clients
to utilize this method.
2. The California Medical Association
(CMA) AHCD form.
The CMA produces a form that may be
purchased online at its website for a fee. The CMA form is widely-recognized by
health-care providers because it is the industry’s version of an AHCD. Hence,
the concern of a health care provider not honoring a CMA AHCD dissipates. The
form provides very easy to understand instructions on how to complete and
execute the document. I personally use the CMA or CHA form for
all of my clients.
3. The California Hospital Association (CHA)
AHCD form.
The CHA, another trade association, also
produces an AHCD. This form is free to download.The principal difference between this
form and the CMA form is the clause pertaining to the prolonging of life. For
the CMA Form, there are only two situations in which an individual may indicate
a preference for not prolonging his or her life, if (1) the person has a
terminal condition that will result in death in a matter of months or (2) an
irreversible condition that renders the person unable to make decisions and
life support is needed to keep the person alive. As for the CHA form, it
contains a third option for prolonging life, (3) when the likely risks and
burdens of treatment would outweigh the expected benefits.
Of note, the picture is the rod of Asclepius, the Greek symbol for medicine.
