Advance Health Care Directive
What is Advance Health Care Directive
“Advance health care directive” or “advance directive” or “medicare directive” is either an individual health care instructions or a power of attorney for health care, designating an agent to make health care decisions for the Principal. It is a key component of a comprehensive Estate Plan.
Who is Principal in Advance Health Care Directive
Principal is an adult who executes the Advance Health Care Directive.
Who is an Agent in Advance Health Care Directive
Agent is an individual designated in an Advance Health Care Directive to make a health care decision for the Principal.
What is Capacity
“Capacity” in an Advance Health Care Directive 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.
Who is a Conservator
Conservator is a court-appointed person having authority to make a health care decision for a patient.
What is HIPAA?
Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA regulations have made health care providers more cautious about releasing patients’ information to third parties. Advance Health Care Directive grants authority to the agent for the use and disclosure of such information and records, and deal with any physician or other health care provider who is providing health care services to the Principal.
What is CMIA
Confidentiality of Medical Information Act is a California State counterpart to HIPAA. Advance Health Care Directive can make it clear that Principal intends to give the agent full access to and authority over the principal’s health information.
When can the Agent start making decisions on health care?
Based on the provisions in the Advance Health Care Directive, an agent can start making health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable.
Can you instruct your Agent on Organ Donation in Advance Health Care Directive?
Yes, in the Advance Health Care Directive, you can express your intentions to the Agent on Donation of Organs, Tissues and Body parts following your death. Furthermore, you can express your intentions on post death formalities like Funeral, Burial, Cremation, disposition of Ashes etc.
Can you include “End of Life Instructions” in Advance Health Care Directive?
Yes. You can specify whether you want to receive medical treatment that will let you live as long as possible or preclude use of life-sustaining procedures if in a terminal condition.
Can you include Personal Care instructions in the Advance Health Care Directive?
You can include desires like staying in your primary residence as long it is reasonable and doesn’t pose danger to your physical and mental health can also be carried out through this directive. You can further can express your desires or wishes regarding spending significant time outdoors and trips to local parks and other areas.
Can you nominate a primary physician in the Advance Health Care Directive?
Yes. You can nominate your primary physician in the Advance Health Care Directive along with alternate primary physicians. You can give authority to the Agent to select a primary physician in case one is needed.
What happens if Advance health care directive is not made?
The Conservatorship proceedings will take place through court process and a conservator for a person or for estate or for both will be appointed by a court. The proceedings involve costs and time, also there is no guarantee that agent’s wishes will be carried out in appointment of a conservator.
Contact Advance Directive Lawyer Kamala Today
An advance health care directive is a critical component of a comprehensive Estate Plan. Making health care decisions on your behalf by your agent in certain situations is emotionally challenging. Documenting your intentions clearly in your health care directive will help the agent in making right decisions for you however challenging the situation or decision may be. Your family can be at peace in taking the health care decisions and avoid second thoughts like: May be I should have done this or May be I should have done that etc. Our San Jose Advance Health Care Directive Lawyer Kamala, can create the advance health care directive according to your intentions. If you are interested in creating an advance health care directive for you, please call us today at 408-752-5436 to talk to San Jose Advance Health Care Lawyer.
“Advance health care directive” or “advance directive” or “medicare directive” is either an individual health care instructions or a power of attorney for health care, designating an agent to make health care decisions for the Principal. It is a key component of a comprehensive Estate Plan.
Who is Principal in Advance Health Care Directive
Principal is an adult who executes the Advance Health Care Directive.
Who is an Agent in Advance Health Care Directive
Agent is an individual designated in an Advance Health Care Directive to make a health care decision for the Principal.
What is Capacity
“Capacity” in an Advance Health Care Directive 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.
Who is a Conservator
Conservator is a court-appointed person having authority to make a health care decision for a patient.
What is HIPAA?
Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA regulations have made health care providers more cautious about releasing patients’ information to third parties. Advance Health Care Directive grants authority to the agent for the use and disclosure of such information and records, and deal with any physician or other health care provider who is providing health care services to the Principal.
What is CMIA
Confidentiality of Medical Information Act is a California State counterpart to HIPAA. Advance Health Care Directive can make it clear that Principal intends to give the agent full access to and authority over the principal’s health information.
When can the Agent start making decisions on health care?
Based on the provisions in the Advance Health Care Directive, an agent can start making health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable.
Can you instruct your Agent on Organ Donation in Advance Health Care Directive?
Yes, in the Advance Health Care Directive, you can express your intentions to the Agent on Donation of Organs, Tissues and Body parts following your death. Furthermore, you can express your intentions on post death formalities like Funeral, Burial, Cremation, disposition of Ashes etc.
Can you include “End of Life Instructions” in Advance Health Care Directive?
Yes. You can specify whether you want to receive medical treatment that will let you live as long as possible or preclude use of life-sustaining procedures if in a terminal condition.
Can you include Personal Care instructions in the Advance Health Care Directive?
You can include desires like staying in your primary residence as long it is reasonable and doesn’t pose danger to your physical and mental health can also be carried out through this directive. You can further can express your desires or wishes regarding spending significant time outdoors and trips to local parks and other areas.
Can you nominate a primary physician in the Advance Health Care Directive?
Yes. You can nominate your primary physician in the Advance Health Care Directive along with alternate primary physicians. You can give authority to the Agent to select a primary physician in case one is needed.
What happens if Advance health care directive is not made?
The Conservatorship proceedings will take place through court process and a conservator for a person or for estate or for both will be appointed by a court. The proceedings involve costs and time, also there is no guarantee that agent’s wishes will be carried out in appointment of a conservator.
Contact Advance Directive Lawyer Kamala Today
An advance health care directive is a critical component of a comprehensive Estate Plan. Making health care decisions on your behalf by your agent in certain situations is emotionally challenging. Documenting your intentions clearly in your health care directive will help the agent in making right decisions for you however challenging the situation or decision may be. Your family can be at peace in taking the health care decisions and avoid second thoughts like: May be I should have done this or May be I should have done that etc. Our San Jose Advance Health Care Directive Lawyer Kamala, can create the advance health care directive according to your intentions. If you are interested in creating an advance health care directive for you, please call us today at 408-752-5436 to talk to San Jose Advance Health Care Lawyer.
San Jose Advance Health Care Directive Lawyer Kamala helps families throughout Bay Area counties like Santa Clara, Alameda, Contra Costa: San Jose, Sunnyvale, Cupertino, Santa Clara, Milpitas, Fremont, Newark, Dublin, Pleasanton, San Ramon, Livermore, Mountain View.