Estate Planning is often considered solely within the context of what happens after death. However, there is another important aspect to Estate planning in California which is using Estate Planning to ensure that your wishes are carried out with respect to health care in the event you become incapacitated. Section 4701 of the California Probate Code provides a form which enables signatories to both give advanced directions with respect to their own healthcare and to name another individual as power of attorney for health care who can then make decisions before or during your incapacity. The code also provides the ability to name an alternate representative in case your first choice is unwilling or unable to act.

Estate Planning in California

Some of the issues covered by the form as set out in Section 4701 include

• the right to refuse or withdraw artificial nutrition or hydration (often in the case of a feeding-tube)
• the right to consent to organ donation, cremation or authorize an autopsy
• the choice to prolong or not to prolong life
• the choice to be provided pain medication even in the event it may hasten death

Using Estate Planning to Ensure that Your Wishes are Carried Out with Respect to Health Care

Health care directives and the discussions accompanying them are important parts of any Estate Planning discussion and should be raised with your estate planning attorney. Contact the team at Kushner Legal Corporation today to schedule a consultation.