For the last few months I have been talking about the Advance Health Care Directive (AHD). I covered who will make a good agent and why co-agents can be a bad idea. Once the agents are specified in the AHD the next piece of information in the directive is a list of things that the agent should do and can’t do. Some people try and get really exhaustive with their list thinking the doctor will be following it to the letter.
What most people don’t realize is that the list of do’s and don’ts is only for your agent. The doctor will not be reading the list. The doctor will be looking at the AHD to find out who is in charge and then will ask your agent what course of action to take. Therefore, what is most important is whom you put in charge. Moreover, as medical technology changes, a list of do’s and don’ts may become outdated before you know it. In addition, as we age the list of do’s and don’ts might radically change.
The point I try and make to my clients is; it is more important to choose a good agent who you communicate with often so that they can execute your wishes around health decisions even in an environment of change. Next month I will talk about probate.
Matthew Hart is a California Licensed Attorney who is an Estate Planning, Trust & Probate Law Specialist certified by the State Bar of California. He can be reached at 925-754-2000 or www.MatthewHartLaw.com and he has offices in Antioch and Walnut Creek.