Under California law, an Advance Health Care Directive allows you to provide legally binding instructions in writing about your future health care and to name someone to make health care decisions for you if you are incapacitated and cannot make your own decisions. Some people call this a "living will" or a "power of attorney for health care".

You may do so by following these steps:

1) Determine your wishes for your future health care. Discuss the topic with your physicians, family members and friends and decide what your instructions will be. If you wish to name an agent to make decisions for you if need be, select that individual.

2) Put your wishes in writing, including the designation of an agent, if any. The
document must be notarized or witnessed by two adult persons. At least one of the witnesses cannot be related by blood, marriage or adoption, or be named in your will, or be entitled to any portion of your estate upon your death.

The persons you appoint as agent or alternate agent cannot be a witness. Your health care provider or an employee of your health care provider cannot be a witness. An operator or employee of an operator of a community care facility or residential care facility for the elderly also cannot be a witness.

You do not need a lawyer to complete an Advance Health Care Directive. And, while you don't need to use a form, there are a number of forms that are widely used and the format is familiar to medical providers.

You may wish to consult these sites in order to obtain Advance Health Care Directive forms:

California Medical Association http://www.cmanet.org/publicdoc.cfm/7

Office of the Attorney General, State of California http://www.ag.ca.gov/consumers/general/care.htm

Bet Tzedek Legal Services
http://www.bettzedek.org

3) Distribute copies of your completed Advance Health Care Directive to family, friends and medical providers and discuss your wishes. You don't want to have the only copy of your Advance Health Care Directive locked in a safe at the time it is needed.

If you (or a loved one) are in a skilled nursing facility (SNF, nursing home) and you wish to create an Advance Health Care Directive:
Under California Probate Code Section 4675, a Long-Term Care Ombudsman must be one of the witnesses to the signing of Advance Health Care Directives of residents who are residing in Skilled Nursing Facilities. The Ombudsman's role is to ensure that you are signing the Document voluntarily and you understand the nature of the Advance Health Care Directive.

The WISE Senior Services Long-Term Care Ombudsman program covers skilled nursing homes in the County of Los Angeles. To reach an Ombudsman about executing an Advance Health Care Directive for the resident of a nursing home, please call (800)334-WISE (9473) or email ombudsman@wiseseniors.org. To reach an Ombudsman in California outside of Los Angeles County, call (800) 231-4024.