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In an era where health care choices often intertwine with complex emotions and situations, the Kaiser Health Care Directive form emerges as a crucial tool for ensuring one's medical preferences are respected. This legally binding document empowers individuals to articulate their wishes regarding health care, particularly during times when they may be incapacitated and unable to voice their decisions. By design, the form encompasses various essential components, such as a detailed introduction to advance health care directives, guiding individuals through the process of deciding what matters most to them regarding their treatment options. The inclusion of “My Health Care Choices,” an optional supplement, facilitates further personalization by allowing users to outline specific preferences for their care. Completing the directive is further simplified with step-by-step instructions that lead users through the essential elements of the Advance Health Care Directive form. At its core, this form not only identifies a designated health care agent—an individual tasked with making vital decisions on behalf of the patient—but also covers topics such as organ donation and the identification of a personal care physician. Importantly, unlike its predecessor, the Durable Power of Attorney for Health Care, the Advance Health Care Directive does not have an expiration date, providing ongoing clarity about an individual’s choices. This ensures that once established, the directive remains in effect until the person explicitly decides to alter or revoke it. As people approach the age of eighteen, they become eligible to establish their directives, allowing them to take proactive steps to articulate their values and preferences. Through this form, individuals can foster a greater understanding among family, friends, and medical professionals, reducing potential conflict during critical moments when clarity and respect for one’s wishes are paramount.

Kaiser Health Care Directive Example

COMMUNICATE YOUR

HEALTH CARE WISHES.

CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE KIT

CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE

Your Packet Includes:

Introduction to advance health care directives

page 2

Decide what is important to you

page 9

“My Health Care Choices” (optional supplement)

page 11

Step by step instructions for completing

page 15

the “Advance Health Care Directive”

 

”Advance Health Care Directive” Legal Form

Roles and responsibilities of the health care agent

page 21 page 25

1

INTRODUCTION

What is an Advance Health Care Directive (AHCD)?

If you are able, it is up to you to make all of your health care decisions. However, if you are unable or unwilling to make decisions, the law allows you to choose someone else to make health care decisions on your behalf.

An Advance Health Care Directive or AHCD is a legal document. It allows you to tell others what kind of health care you want to receive when you are too sick and unable to make decisions about your care.

The AHCD form also lets you identify the person(s) you choose who will work with your doctors and others to help ensure that your wishes about your health care are carried out. This person is called the health care agent.

You can also write down your wishes about organ donation and identify your personal care physician.

Unlike the earlier Durable Power of Attorney for Health Care (DPAHC), the Advance Health Care Directive does not expire. It will stay in effect until you revoke or change it. (Please note: If you have a signed DPAHC that was valid before July 1, 2000, it remains valid.)

Anyone age 18 years or older who is able to make his or her own health care decisions can establish an Advance Health Care Directive.

2

Why is it so important to have a signed Advance Health Care Directive?

Completing an AHCD can help your loved ones and your doctors understand your wishes concerning your health care. It will help lessen confusion and disagreement over your personal wishes and choices concerning your care at a time when you are too sick to make those choices yourself. So it’s important to talk about your wishes with your doctor, family, and close friends now, before you are too sick to talk or write about issues such as your quality of life, your choices about treatment, and how you would want to spend your final days.

If this is a legal document, will I need to see a lawyer to complete it?

No, you do not need a lawyer to complete an AHCD.

3

Why do I need to choose an agent?

If a situation arises in which you are no longer able to make health care decisions for yourself, family and other loved ones may become involved in making those decisions. Even when you write down and share your wishes with others close to you, occasionally people will disagree about what may be the best care for you. This is why you need to select one person to help ensure your wishes about your care are honored and to make any additional heath care decisions for you. It is best to choose a close relative or personal friend whom you trust, who understands your values, and who will agree to honor your wishes. You can also name another person(s) to act on your behalf in case the first person you select is no longer available or is unable to make health care decisions for you. These people are called the alternate agent(s). You can also indicate if there is a specific person(s) you do not want to be involved in making decisions for you.

If you are concerned and want to spare loved ones from the burden of decision- making, you may want to consider choosing a CLOSE FRIEND who understands your wishes and who can act as your agent.

Try to select an agent who is most likely to be comfortable carrying out your wishes about your care. Make your wishes known to him or her, as well as to everyone else who is likely to be close to you in such circumstances. This is especially important if you think people may not agree or there could be conflict about your care.

4

What if I don’t choose a health care agent?

If you became unable to make your own decisions, your doctors will ask your closest family members to act on your behalf. If family members cannot agree and decisions cannot be reached in a timely fashion, emotional stress and conflicts among family members can result. Also, if there is no one willing or available to make health care decisions on your behalf, a court appointed representative who doesn’t necessarily know your values and wishes may have to make critical care decisions for you.

What types of decisions can my health care agent make?

Your agent becomes your representative. He or she participates in medical decisions by representing your interests. This includes decisions like:

Changing your doctor, nurse, or social worker.

Where you receive medical care (at home, or in a hospital).

Your medications, tests, and medical treatment.

What happens to your body and organs after you die.

Becoming your agent does not mean that he/she assumes financial responsibility for you.

Your health care agent acts for you and makes all health care decisions on your behalf, unless you limit his or her authority.

5

Who cannot be my health care agent?

Your health care agent cannot be:

The doctor who is managing your care.

An operator or employee of a community care facility or a residential care facility where you are receiving care.

An employee of the health care institution where you are receiving care, unless that person is related to you by blood, marriage, or adoption.

When does my health care agent make decisions for me?

Your health care agent will usually make decisions only if you are unable to make them yourself, such as if you have lost the ability to understand things.

You can appoint your health care agent to act on your behalf at any time, even when you are still capable of making your own decisions, but you no longer want to make decisions about your care.

If you do not have an Advance Directive and suddenly become ill, you can appoint a temporary health care agent to let the doctor know who you want to make decisions for you. Your oral instruction is just as valid as a written one.

6

What if I want to provide specific health care instructions that are not on the AHCD form?

You can write more detailed health care instructions on additional sheets of paper, or you can use the communication form, “My Health Care Choices,” which was designed to help you clarify your wishes for your doctor and loved ones. (See pages 11–14.)

Attach your instruction sheet(s) to the Advance Health Care Directive and write the number of pages you are attaching.

Sign and date the attachments and have them witnessed or notarized at the same time you have your form witnessed or notarized.

Provide your health care agent(s) and doctor(s) with a copy of your specific health care instruction sheet(s) to ensure they understand your wishes.

6

You must sign the form.

Who needs to sign this form?

Have two WITNESSES sign the form. If you do not have witnesses, you need a Notary Public. A notary public’s job is to make sure you are the person who is signing the form.

Your witnesses must be over the age of 18, they must know you, and must either be present when you sign the form or, believe you are the person who signed the form.

YOUR WITNESSES CANNOT BE:

Your health care provider or an employee of your health care provider.

Your agent or alternate agent(s).

An operator or employee of an operator of a community care or residential care facility.

At least one of the witnesses cannot be related to you by blood, marriage or adoption, be named in your will, or be someone who would benefit from your estate.

7

What should I do after I have my AHCD signed and witnessed?

Make several copies of the form. Keep the original in a place where you can find it easily, and tell others where you put the forms. Do not keep your AHCD in a safe deposit box because other people may need to find it quickly in an emergency.

Return the original signed and witnessed form to your doctor at your next visit. Your doctor will include it in your medical records.

Give photocopies to your agent and alternate agent (s). Be sure that everyone who might be involved with your health care, such as your family, clergy, or friends has a copy. Photocopies are just as valid as the original.

Make a list of all the people and facilities who receive copies of your AHCD.

Keep a copy for yourself in a visible, easy-to-find location and not locked up in a drawer.

Take a copy of the form with you if you are going to be admitted to a hospital, nursing home, or other health care facility.

What if I change my mind after completing my AHCD?

You can change or cancel your AHCD at any time. Remember to get back all the old forms and replace them with your new AHCD forms.

Where can I find more information about

Advance Health Care Directives?

Contact your local Kaiser Permanente Health Education Center or Department.

Connect to our Web site at kp.org and enter “writing an advance directive” in the search box.

You can also visit your doctor’s home page at kp.org/mydoctor if you are a Kaiser Foundation Health Plan member in Northern California. Go to the “Health Information and Resources” section on the left navigation bar, then click “advance care planning.”

8

DECIDE WHAT IS

IMPORTANT TO YOU

The following information can help you decide on the type of care that is right for you in case you become seriously ill or come to the end of your life. Use the

attached PERSONAL HEALTH CARE INSTRUCTIONS COMMUNICATION FORM to share your

wishes with your health care agent, other loved ones, and your health care providers.

Your Quality of Life, Values, and Decisions – An important step in helping your agent understand your wishes is to communicate what gives value to your life. There are many things to consider. Be sure to tell your agent your beliefs about serious illnesses and death. If you were found to have a serious illness, to what extent do you want to be treated? Do you want to be on life support?

Treatment choices – It is important to think about different situations where you would need treatment. Think about what types of treatment you would want for sudden illness, for example, a heart attack, or for an illness that could end your life, such as cancer.

For each illness, think about what type of treatment you would want. Be sure to communicate this to your agent.

Examples of Life Support Treatments:

CPR or cardiopulmonary resuscitation – when your heart stops

cardio = heart

pulmonary = lungs

resuscitation = try to restart

This kind of treatment involves all of these actions:

Pressing hard on your chest to try to pump the blood, sometimes so forcefully that it breaks ribs.

Using electrical shocks to try to restore heart beat.

Placing a tube into your windpipe attached to a bag to pump air into your lungs.

Injecting medicines into your veins.

9

File Breakdown

Fact Name Details
Purpose of AHCD An Advance Health Care Directive (AHCD) allows individuals to express their health care wishes when they are unable to communicate those decisions themselves.
Agent Selection Individuals can designate a health care agent to make decisions on their behalf. It is recommended to choose someone who understands their values and wishes.
Legal Status The AHCD is a legal document that remains effective until revoked or modified. Unlike the Durable Power of Attorney for Health Care, it does not expire.
Age Requirement Anyone aged 18 or older who can make health care decisions has the right to establish an Advance Health Care Directive.
Communication Importance It is crucial to discuss health care wishes with family, friends, and doctors beforehand to prevent confusion and disagreements during a crisis.
Legal Consultation Completion of the AHCD does not require the assistance of a lawyer, making it accessible for individuals to manage their own health care preferences.

Guide to Using Kaiser Health Care Directive

Completing the Kaiser Health Care Directive form is a straightforward process that ensures your health care wishes are clearly communicated. Follow the steps below to fill out the form accurately.

  1. Obtain the form: Start by downloading or requesting the Kaiser Health Care Directive form from your healthcare provider or online resources.
  2. Read the instructions: Familiarize yourself with the information included in the form, including what an Advance Health Care Directive (AHCD) is and how it functions.
  3. Decide on your health care agent: Choose a trusted person who understands your values and will follow your wishes regarding health care decisions. This person will act on your behalf if you are unable to do so.
  4. Designate alternate agents: If desired, select one or more alternate agents. These individuals will step in if your primary agent is unavailable.
  5. Express your health care wishes: Clearly articulate your preferences regarding medical treatment, end-of-life care, and organ donation. Use the designated sections of the form for this purpose.
  6. Complete the form: Fill out the AHCD form thoroughly. Ensure all necessary sections are completed, including personal information and agent designations.
  7. Sign and date: Sign the form in the presence of a witness, as required. Ensure the witness is someone who does not stand to gain financially from your health care decisions.
  8. Distribute copies: Provide copies of the completed and signed directive to your health care agent, family members, and your doctor. Keep a copy for your records.
  9. Review periodically: Regularly review and update your directive as your health situation or preferences change. Ensure all parties are informed of any updates.

Get Answers on Kaiser Health Care Directive

What is an Advance Health Care Directive (AHCD)?

An Advance Health Care Directive, or AHCD, is a legal document that allows you to communicate your health care wishes when you are unable to make decisions for yourself. It lets you appoint a health care agent, someone who will make decisions on your behalf and ensure your preferences are respected. The AHCD also allows you to express wishes regarding organ donation and to specify your personal care physician. Unlike previous documents, the AHCD does not expire unless you revoke or change it.

Why is it important to have a signed Advance Health Care Directive?

Having an AHCD is crucial for helping your loved ones and health care professionals understand your health care preferences. It reduces confusion and potential disagreements during critical times when you may be too unwell to express your wishes. Discussing your values and choices regarding health care with family, friends, and your doctor is essential before you cannot communicate effectively.

Do I need a lawyer to complete the Advance Health Care Directive?

No, a lawyer is not necessary to complete an AHCD. The process is straightforward, and you can follow the step-by-step instructions provided in the directive kit. Ensure that you carefully fill out the form according to your wishes and keep a signed copy for your records.

Why do I need to choose a health care agent?

Choosing a health care agent is vital because this person will be responsible for making decisions on your behalf when you cannot. Without a designated individual, disagreements may arise among family members about what care you would want. It’s best to select someone you trust, like a close relative or friend, who understands your values and will honor your wishes.

Can I name alternate agents in my directive?

Yes, you can name alternate agents. It’s wise to have a backup person in case your primary agent is unavailable or unable to make decisions. Ensure that all chosen agents understand your preferences as well.

What if I don't want certain individuals involved in my health care decisions?

The AHCD allows you to specify individuals you do not want involved in your health care decisions. Clearly stating your preferences can help prevent unwanted conflicts and ensure that only those who understand and respect your wishes are consulted.

When does the Advance Health Care Directive take effect?

The AHCD takes effect when you are unable to make your health care decisions due to illness or incapacity. This means that as long as you are able to express your wishes, the directive does not limit your ability to make health care decisions yourself.

How can I make changes to my Advance Health Care Directive?

To make changes to your AHCD, you must revoke the existing directive and create a new one. Clearly communicate your revocation to your appointed agent and family members. It is crucial to ensure that any new document clearly expresses your updated wishes.

Common mistakes

Completing the Kaiser Health Care Directive form can seem straightforward, but many individuals make common mistakes that can lead to complications down the road. One significant error is failing to designate a health care agent. Without appointing someone to advocate for your wishes, family members may disagree on treatment decisions, creating potential conflict during a stressful time. This could result in decisions being made that do not align with your desires, so it is crucial to choose a reliable health care agent who understands your values.

Another frequent mistake occurs when people neglect to communicate their wishes clearly. It’s not enough to simply fill out the form; discussing your healthcare preferences with your chosen agent and loved ones is equally important. This ensures that everyone is on the same page and prevents confusion. Sharing your thoughts helps your health care agent feel more confident in making decisions on your behalf if the need arises. Open conversations about topics such as quality of life, treatment options, and end-of-life care are fundamental and can make a profound difference in the outcomes of your care.

Some individuals might also overlook filling out specific sections of the form, such as organ donation preferences or the appointment of alternate agents. Every section plays a role in conveying your wishes accurately. Leaving gaps can lead to uncertainty and potentially unwanted decisions if an unexpected situation arises. Take the time to complete the form thoroughly, ensuring that every aspect reflects your desires.

Finally, a common oversight is failing to keep the document updated. Life circumstances and personal values can change, and so too can your healthcare preferences. Regularly reviewing your Advance Health Care Directive ensures that it continues to reflect your current wishes. It is essential to inform your health care agent, family, and any relevant medical providers of any updates. Keeping lines of communication open can relieve burdens during challenging times and help ensure that your care aligns with your intentions.

Documents used along the form

In conjunction with the Kaiser Health Care Directive form, several other forms and documents can play a crucial role in ensuring that your health care wishes are honored. These documents can provide clarity and guidance during difficult times, allowing your loved ones and health care providers to make informed decisions on your behalf. Below is a list of important forms that you may consider alongside your health care directive.

  • Durable Power of Attorney for Health Care (DPAHC): This document allows you to appoint someone to make health care decisions for you if you are unable to do so. While similar to an AHCD, it may not encompass as broad a scope of advanced wishes regarding your overall care.
  • Living Will: A living will is a written statement detailing your wishes regarding medical treatment in situations where you may be unable to communicate your preferences. This generally focuses on life-sustaining treatments and end-of-life decisions.
  • Do Not Resuscitate (DNR) Order: This specific medical order communicates your wish not to have CPR performed if your heart stops or if you stop breathing. It is typically signed by a physician and is essential in emergency situations.
  • Organ Donation Registration: This document allows you to formally state your desire to donate your organs upon your death. It can be included in your AHCD, but registering with a designated state or national registry may be necessary to ensure your wishes are honored.
  • Advance Care Plan: This plan is a more comprehensive approach that includes discussions about your values, preferences, and treatment goals with your loved ones and health care providers, providing a clearer picture of what you envision for your care.
  • Personal Health Care Record: Maintaining a personal health care record that lists your medical history, medications, allergies, and advanced directives is a proactive way to ensure that health care providers have immediate access to important information about your preferences.
  • Health Insurance Proxy Form: When using this form, you designate someone to make health care decisions regarding your insurance coverage. This is particularly useful in matters related to care authorizations and managing costs.
  • Patient Advocate or Ombudsman Contact Information: Having the contact details of a patient advocate or ombudsman can ensure that you have support in navigating the health care system, particularly in disputes or concerns about the care you receive.

Collectively, these documents create a framework to convey your health care wishes effectively. Ensuring that you have the appropriate forms in place can bring peace of mind, both for you and your loved ones, during challenging times. By clearly outlining your preferences, you help your family and medical team provide care that aligns with your values and desires.

Similar forms

  • Durable Power of Attorney for Health Care (DPAHC): Similar to the Advance Health Care Directive, the DPAHC allows you to appoint someone to make health care decisions for you if you are incapacitated. Like the AHCD, it is crucial for expressing your wishes, but it could expire depending on state laws or specific terms within the document.
  • Living Will: This document is focused on your preferences for medical treatment, particularly around end-of-life care. It complements the AHCD by specifying what kind of medical procedures you do or do not want, but it does not appoint an agent to make decisions on your behalf.
  • Healthcare Proxy: A healthcare proxy designates an individual to make health care decisions for you when you're unable to do so. Its function is akin to that of a health care agent defined in the AHCD, ensuring your choices are respected by medical professionals.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical treatment plan stating that if your heart stops, resuscitation should not be attempted. While this document focuses solely on resuscitation, it works in conjunction with the AHCD to outline your healthcare choices in critical situations.
  • Post-Death Planning Document: This document can express your wishes regarding what happens after you pass away, including funeral arrangements and the disposition of your remains. It complements the AHCD by addressing your desires beyond health care while you're alive.
  • Organ Donation Registration: Through this form, you can explicitly state your wishes regarding organ and tissue donation after death. Many people use this alongside the AHCD to ensure their wishes about donation are known and respected.
  • Mental Health Care Directive: This document specifies your preferences for mental health treatment, including medications and therapy options, during times when you are unable to voice those wishes. It serves to provide guidance similar to what the AHCD offers but focuses specifically on mental health care needs.

Dos and Don'ts

When filling out the Kaiser Health Care Directive form, it's essential to approach the process methodically to ensure your health care wishes are clearly communicated. Here are some important do's and don'ts:

  • Do: Discuss your wishes with family and friends before completing the form. This helps ensure everyone understands your values and preferences.
  • Do: Select a trustworthy health care agent who knows you well and is willing to advocate for your wishes if you become unable to do so yourself.
  • Do: Ensure the form is filled out accurately and signed according to the instructions provided to avoid any potential legal issues.
  • Do: Keep a copy of the completed directive in a safe place and share it with your health care agent and primary care physician.
  • Don't: Wait until you are seriously ill to complete the directive. It is best to fill out this form while you are still healthy.
  • Don't: Choose someone as your health care agent on a whim. Take your time to consider who will truly respect your wishes and understand your values.
  • Don't: Leave blank sections on the form. Fill out all relevant sections completely to ensure there is no confusion.
  • Don't: Forget to update your directive if your preferences or circumstances change. Regular reviews can help keep it relevant and aligned with your wishes.

Misconceptions

  • Misconception 1: The Kaiser Health Care Directive is only for the elderly.
  • This is not true. Anyone aged 18 and older can create an Advance Health Care Directive to ensure their health care wishes are honored, regardless of age.

  • Misconception 2: You need a lawyer to complete the form.
  • Many believe legal assistance is required to fill out an Advance Health Care Directive. However, the form is designed for individuals to complete on their own without legal representation.

  • Misconception 3: The Advance Health Care Directive is a temporary document.
  • The Directive does not expire like some other legal documents. It remains in effect until the individual revokes or changes it.

  • Misconception 4: If I have a Durable Power of Attorney, I don't need an Advance Health Care Directive.
  • While a Durable Power of Attorney for Health Care is valid, it’s important to understand that the Advance Health Care Directive provides additional clarity about your health care wishes, making it beneficial to have both.

  • Misconception 5: You cannot change your mind once the Directive is completed.
  • This is incorrect. Individuals can change or revoke their Advance Health Care Directive at any time as long as they are still capable of making decisions.

  • Misconception 6: I just need to communicate my wishes verbally.
  • While verbal communication is important, having a written Advance Health Care Directive ensures that your wishes are formally documented and will be respected when you may not be able to speak for yourself.

  • Misconception 7: Family members can always make decisions on my behalf if I can’t.
  • When no formal Advance Health Care Directive exists, family members may disagree or argue about care decisions. Designating a health care agent helps prevent this uncertainty.

  • Misconception 8: The form only covers end-of-life decisions.
  • The Directive addresses a range of health care decisions, not just those related to end-of-life care. It includes preferences for treatments and pertinent health care choices throughout your life.

Key takeaways

Here are key takeaways about filling out and using the Kaiser Health Care Directive form:

  • Understand the Purpose: The Advance Health Care Directive (AHCD) allows you to communicate your health care wishes when you are unable to do so yourself.
  • Designate a Health Care Agent: Choose a trusted person to make health care decisions on your behalf. This agent should be someone who understands your values and will honor your wishes.
  • Communicate Your Wishes: Talk openly with your chosen agent, family, and friends about your health care preferences. This discussion helps ensure everyone is on the same page.
  • No Need for a Lawyer: You do not need legal assistance to fill out the AHCD. The form is designed to be user-friendly and straightforward.
  • Consider Alternate Agents: It is wise to name one or more alternate agents. In case your primary agent is unavailable, these individuals can step in to advocate for your wishes.
  • Keep the Document Accessible: Make sure your AHCD is stored in an accessible location. Share copies with your agent, doctor, and family members to avoid confusion during critical times.