As a patient, you have the right to determine the kinds of treatment you want in every circumstance. We encourage you to create an Advance Directive - a binding document that will guide health workers in your care, should you be unable to speak for yourself.

Frequently Asked Questions:

• Who decides about my medical treatment?
• How do I know what kind of treatment I want?
• What if I'm too sick to decide?
• How does this person know what I would want?
• What if I don't have anyone to make decisions for me?
• What if I change my mind?
• Are there other forms I can use?
• Do I have to fill out one of these forms? What kind of treatment do I receive if I don't have one?
• Where can I get these Advanced Directive or Living Will forms?

Who decides about my medical treatment?

Your physician and health care team will provide information and advice about your medical treatment. It is your right to decide which treatments you want. At any time, you may say "no" to any treatment you don't want -- even if the treatment might keep you alive longer.
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How do I know what kind of treatment I want?

Your physician must explain your medical condition and discuss your treatment options.

Often, more than one course of treatment may be beneficial -- and people have different ideas about which is best. Some treatments may have "side effects" that you find unacceptable for the quality of life you wish to lead.

Your physician can explain which treatments are available but can't choose for you. That decision is your personal choice.
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What if I'm too sick to decide?

If you are unable to make treatment decisions, your physician will ask your closest available relative or a friend to help decide what's best for you. Sometimes there is not agreement about what to do. That's why it is helpful to define in advance what you want to happen if you are unable to speak for yourself. An Advance Directive lets you say what you want and who you want to speak for you.

One kind of Advance Directive under California law is a form called a Durable Power of Attorney for Healthcare. You don't need a lawyer to fill out the form. If you are 18 years or older and of sound mind, you may list someone on the form to make healthcare decisions when you are not capable. You may choose an adult relative or friend you trust as your "agent" to speak for you.

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How does this person know what I would want?

Select someone you can trust as your agent, and then talk to that person about what you want.

You should also define in the Durable Power of Attorney for Healthcare the circumstances under which you would want medical treatment.

Talk to your physician about what you want and give him/her a copy of the form. Give a copy to the person named as your agent, and take a copy with you whenever you go into a hospital or other treatment facility.

Sometimes treatment decisions are difficult to make and it truly helps your family and your doctors if they know what you want. The Durable Power of Attorney for Healthcare also gives them legal protection for the health care team when they follow your wishes.

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What if I don't have anyone to make decisions for me?

You may use another kind of Advance Directive to write down your wishes about treatment. Sometimes called a Living Will , this document takes effect while you are still alive but unable to speak for yourself. The California Natural Death Act lets anyone 18 years or older and of sound mind sign a living will called a Declaration.

When you sign a Declaration, it tells your physician that you don't want treatment that would only delay your death. All life-sustaining treatment would be stopped if you were terminally ill and your death was expected soon, or if you were permanentley unconscious. You would still receive treatment to maintain your comfort.

The physician must follow your wishes about limiting treatment or turn your care over to another physician who would follow your wishes. Your physician is also legally protected when he or she follows your wishes.

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What if I change my mind?

You may change or revoke any of these documents at any time, as long as you can communicate your wishes.
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Are there other forms I can use?

Instead of using the Declaration in the Natural Death Act, you may use any of the available living will forms. You might use a Durable Power of Attorney for Healthcare forms without naming an agent. Or you might just write down your wishes on a piece of paper. Your physician and family will use what you write to make decisions about your treatment.

Living wills that don't meet the requirements of the Natural Death Act don't give as much legal protection for your physician or your family, should a disagreement arise about how to follow your wishes.
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Do I have to fill out one of these forms? What kind of treatment do I receive if I don't have one?

No, you don't have to fill out these forms. But you should make your wishes known. Just ask you physician to write down what you've said in your medical chart and talk with your family. Your family and physician should be clear about your treatment wishes, and your choices will be more likely followed if you write them down.

However, even without a form or written instructions, you health care team will care for you to the best of their ability. Just be aware that if you become too sick to make decisions, someone else will have to make them for you.

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Where can I get these Advanced Directive or Living Will forms?

For more information about these forms, you can visit the Web site of the California Coalition for Compassionate Care.

You can also download Advanced Directive documents, in PDF form, here:
Advanced Directive - English (PDF)
Advanced Directive - Spanish (PDF)

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