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Advance Health Care Directives

Irvine Probate Law > Probate > Advance Health Care Directives

Planning for medical emergencies with a sophisticated medical regulation must be part of every estate plan.


An estate plan isn’t practically choosing exactly what will take place when you pass away. It can also have to do with life.




What is an Advance Medical Directive?

An advance medical regulation enables you to define who you want to make healthcare decisions for you if a time comes when you can not make these choices on your own.


The document might pass various names in various states, such as:


♦ Medical power of attorney
♦ Medical directive
♦ Healthcare power of Attorney
♦ Classification of healthcare surrogate
♦ Long lasting power of lawyer for healthcare


The person you name to make health care choices on your behalf is described as your representative, supporter or surrogate.



The person you name to make health care choices in your
place is referred to as your agent, advocate or surrogate.



An Advance Medical Directive vs. a Living Will

An advance medical instruction is not the exact same thing as a living will. A living will does not give someone else authority to make health care choices for you if you are unable to make them for yourself. It mentions your wishes and documents them at a time when your health is not in jeopardy and you’re able to express what you want to happen in the event of a deadly emergency situation. A living will lets you state your dreams about things like resuscitation if your heart ought to stop, tube feeding and other life-sustaining measures and interventions.


Abiding By HIPAA Rules

Your advance medical regulation should contain provisions to comply with the federal Health Insurance Portability and Accountability Act of 1996, or HIPAA. Some states, such as California, have likewise enacted their own laws that are similar to HIPAA and these must be met also.


Although HIPAA was enacted in 1996, Congress did not promulgate the rules that govern HIPAA compliance up until 2001. If you have an advance medical instruction however the document was created prior to 2001, it might not be HIPAA-compliant. You will have to renovate the file to make sure that it works as you expect it to.



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