Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 7, Issue 2, Summer 2001

DRAFTING ADVANCE HEALTH CARE DIRECTIVES

By William H. Soskin, Esq.*

The Health Care Decisions Law (the "Act") became effective July 1, 2000.1 The Act appears as Division 4.7 ("Health Care Decisions"), beginning with Probate Code § 4600. Several articles have been written, including two in this publication, which provide a thorough analysis of the Act and commentary on its provisions.2 It is now time, a year later, to look at those statutory provisions with some perspective.

The purpose of this article is to look at options the estate planner has in providing clients with a suitable Advance Health Care Directive under the new law. There are three choices: The draftsperson can utilize the statutory Advance Health Care Directive form set forth in Probate Code § 4701; the attorney can obtain and complete the "Advance Health Care Directive Kit" recently published by the California Medical Association; or, the attorney can craft his or her own document, provided it is signed, dated and acknowledged by a notary public or executed before at least two witnesses in a manner satisfying Probate Code §§ 4674 and 4675.3

I. OVERVIEW OF THE ACT

Join CLA to access this page

Join Now

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment