ADVANCE HEALTH
CARE DIRECTIVE
(Under Authority of California
Probate Code Sections 4670 et seq.)
CATHOLIC
TEACHING CONCERNING EUTHANASIA Death Is A Normal Part of the Human Condition. Death is neither to be feared and avoided at all costs, nor to be
sought and directly procured. Euthanasia Is Wrong. Euthanasia is not
permitted. Euthanasia is defined as the intentional ending of human life by
act or omission in order to relieve suffering. Pain Relief. Modern pain control techniques do not ordinarily shorten life.
However, the use of medicine to treat severe pain is acceptable even if,
hypothetically, it were to shorten life. In any event, pain control is not
the same as euthanasia, since death is not the objective of the treatment.
Maintenance of lucidity is an important element in preparing for death, but
severe pain should be alleviated to the extent possible. Proportionality of
Life-Sustaining Medical Treatment. Decisions to administer,
refuse, or discontinue life-sustaining treatment should be based on the
concept of proportionality. One does not have an obligation to pursue a
life-sustaining treatment if its risks or burdens are disproportionate to its
expected benefits. The concept of burden is broad and must be individually
assessed; it includes aspects such as the discomfort, risk, and expense of
the treatment in question. Nutrition and Hydration (Food and Water). The failure to provide a
patient with nutrition and hydration – for the purpose of ending the
patient’s life or accelerating the patient’s death – constitutes
euthanasia and is always wrong, even when nourishment must be provided by
artificial means. However, situations can arise where the provision of nutrition
and hydration no longer provides substantial benefits and is actually
burdensome to a dying patient. In such cases, the provision of food and
water, by artificial means or otherwise, may no longer be appropriate, even
if the dying process is incidentally hastened. Consultation with Medical and
Spiritual Advisors. It is not always easy for patients, family, or
health care agents to apply the principles of proportionality to a particular
situation. Consultation
with medical advisors is almost always required in order to evaluate
potential benefits, burdens, and risks. Consultation with competent spiritual
advisors may help patients, family, or health care agents arrive at objective
and honest decisions. More Detailed Guidance Is Available. Most of the foregoing
principles are drawn from the Declaration on Euthanasia which was
promulgated in 1980 by the Vatican Congregation for the Doctrine of the
Faith. Additional Church documents and guidance can be found on the website
of the United States Conference of Catholic Bishops: www.usccb.org/prolife. |
Part 1 – POWER OF ATTORNEY FOR HEALTH
CARE
1.1 Primary Appointment. I, , hereby designate
the following
individual as my agent to make health care decisions for me:
Print Name: Home Phone: Work Phone: Cell Phone: |
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Relationship: Mailing Address: |
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E-Mail
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1.2 First Alternate Appointment. If I revoke my agent’s
authority or if my agent is not willing, able, or reasonably
available to make a health care decision for me, I designate
as my first alternate agent:
Print
Name: Home Phone: Work Phone: Cell Phone: |
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Relationship: Mailing
Address: |
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E-Mail Address: |
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1.3 Second Alternate Appointment. If I revoke the authority of my agent and first alternate agent or
if neither is willing, able, or reasonably
available to make a health care decision for me, I designate as my second
alternate agent:
Print
Name: Home Phone: Work Phone: Cell Phone: |
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Relationship: Mailing
Address: |
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E-Mail Address: |
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1.4 Agent’s Authority. My agent is
authorized to make all health care decisions for me, including decisions to provide, withhold or withdraw medical treatment to
keep me alive, except as I state in Part 2 below.
1.5 When Agent’s
Authority Becomes Effective. My agent’s authority becomes effective when my
primary physiccian determines that I am unable to make my own health
care decisions.
1.6 Agent’s Obligation. My agent shall make health care decisions for me in accordance
with (i) this power of attorney for health care, (ii) any instructions I give in Part 2 of this
form, and (iii) my other wishes to the extent known to my agent. To the extent
my wishes are unknown, my agent shall make health care
decisions for me in accordance with what my agent determines to be in my best
interest. In determining my best interest, my agent shall consider my personal
values to the extent known to my agent.
1.7. Agent’s Post-Death Authority. My agent is authorized to
make anatomical gifts, authorize an autopsy, and direct
disposition of my remains, except as I state here or in Parts
3 and 4 of this form:
Part 2 – INSTRUCTIONS FOR HEALTH CARE
2.1 Health Care Decisions Should Be Consistent With Catholic Teaching. Any decision concerning my
health care
should be consistent with relevant teachings of the
Roman Catholic Church. Those teachings are summarized on the first page of this
Advance Health Care Directive.
2.2 End-Of-Life Decisions. It is impossible to
adequately anticipate all the considerations which must be weighed at
the time when a decision concerning life-sustaining
treatment is to be made. Therefore, if I have appointed an agent in Part 1
above, I have full confidence in the judgment of that person, and I request
that my health care providers follow his or her instructions.
2.3 Special Instructions (Optional). The following lines may be
used to set forth any further directions, limitations,
or statements concerning health care, treatment, services
and procedures:
Part 3 – DONATION OF ORGANS (OPTIONAL)
The agent designated in this document has the authority to make
anatomical gifts unless contrary intentions have been expressed. In order to
clearly express your intentions, check (a) or (b) and use blank spaces for any
limitations:
(a)
I do not wish to donate
any of my organs, tissues or parts upon my death.
(b)
I give
any needed organs, tissues, or parts,
OR – My
gift is limited to the following organs, tissues or parts only:
My gift is for the following purposes (cross out any of
the following you do not want):
(1) Transplant (2) Therapy (3) Research (4) Education
Other limitations:
Part 4 – DISPOSITION
OF REMAINS (OPTIONAL)
4.1 Agent’s Authority. I understand that my agent designated in this
document has the authority to dispose of my remains unless I otherwise
provide, in writing.
4.2 Instructions. My instructions for the disposition of my remains
are described in:
(a) A written contract for funeral services with:
Name of Funeral Director, Mortuary and/or Cemetery
(b)
My will,
which I keep:
Location of Will
(c)
Instructions as follows:
Specific Instructions
Part 5 – HIPAA DISCLOSURE AUTHORIZATION
5.1 Authorized Disclosures
of Medical Information. I hereby grant to each of the individuals named as my primary
and alternative health care agents in Part 1 of this
document full power and authority to request, review and receive any
information, verbal or written, regarding my physical or mental health, to the
same extent that I myself would have such rights under the Health Insurance
Portability and Accountability Act of 1996. I further grant to each of said
individuals the further right to consent to the disclosure of such information
to third parties.
5.2 HIPAA Authorization Effective Immediately. The foregoing
authorizations are effective immediately and, not‑
withstanding the
provisions of Section 1.5 above, are not contingent on my own inability to make
health care decisions.
Part 6 – REVOCATION
OF PRIOR DIRECTIVES
6.1 Revocation of Prior Appointments of
Health Care Agents. By execution of this document, I hereby revoke all
prior Powers of Attorney for Health Care and any and all other
appointments of health care agents under the laws of any jurisdiction within or
without the United States of America.
6.2 Revocation of
Prior Health Care Directives. By execution of this document, I hereby revoke all
prior documents,
wherever executed within or without the United States of America, which
would be deemed to function as an Advance Health Care Directive under the laws
of the State of California.
Part 7 – SIGNATURE
AND WITNESSES
7.1 Effect of Copy. A copy of this form has the same effect as the
original.
7.2 Signature and Date.
Date of Signature:
(sign your name)
Place
of Signature:
7.3 Statement of Witnesses. I declare under penalty of
perjury under the laws of California (i) that the
individual who signed or acknowledged this
advance health care directive is personally known to me, or that the
individual’s identity was proven to me by convincing evidence (ii) that the
individual signed or acknowledged this advance directive in my presence, (iii)
that the individual appears to be of sound mind and under no duress, fraud, or
undue influence, (iv) that I am not a person appointed as agent by this advance
directive, and (v) that I am not the individual’s health care provider, an employee
of the individual’s health care provider, the operator of a community care
facility, an employee of an operator of a community care facility, the operator
of a residential care facility for the elderly, nor an employee of an operator
of a residential care facility for the elderly.
First Witness: Address:
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(date) (printed name) |
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Second
Witness: Address: |
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(signature) |
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(date) (printed name) |
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7.4 Additional Witness Statement. At
least one of the above witnesses must also sign a declaration as follows:
I further declare under penalty of perjury under the laws of California
that I am not related to the individual executing this advance health care
directive by blood, marriage, or adoption, and to the best of my knowledge, I
am not entitled to any part of the individual’s estate upon his or her death
under a will now existing or by operation of law.
(signature) (signature)
Part 8 – ACKNOWLEDGMENT
BEFORE NOTARY PUBLIC
8.1 Notary Public
Acknowledgment As Alternative To Witnesses In Part 7. Acknowledgment before a
Notary Public is not required if properly
witnessed in Part 7 above. Acknowledgment before a Notary Public does not
eliminate the need for the Statement of a Patient Advocate or Ombudsman, in Part 9
below, which is required for patients in skilled nursing facilities.
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On , 20___, before me, the
undersigned , a notary
public for the State of California, personally appeared , personally known to me, or proved to me on
the basis of satisfactory evidence, to be the person whose name is subscribed
to the within instrument and acknowledged that he or she executed the same in
his or her authorized capacity, and that by his or her signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
Notary
Public
[Seal]
Part 9 – SPECIAL WITNESS REQUIREMENT
(FOR PATIENTS IN SKILLED NURSING FACILITIES)
9.1 Patient Advocate
or Ombudsman.
The following statement is required only for patients in a skilled nursing
facility – a health care facility
that provides the following basic services: skilled nursing care and supportive
care to patients whose primary need is for availability of skilled nursing care
on an extended basis. In such situations, the patient advocate or ombudsman
must sign the following statement, even if this document is notarized.
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STATEMENT OF
PATIENT ADVOCATE OR OMBUDSMAN |
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I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the California Probate Code. |
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Date: |
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, 20____ Address: (signature) |
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(printed name) |
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SPACE FOR ADDITIONAL
LIMITATIONS AND/OR INSTRUCTIONS [Sections 1.7 and 2.31 |
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COPIES CALIFORNIA
LAW PERMITS PHOTOCOPIES OF THIS DOCUMENT TO BE RELIED UPON AS THOUGH THEY WERE
ORIGINALS. IT IS RECOMMENDED THAT YOU KEEP POSSESSION OF YOUR ORIGINAL AND THAT
YOU CONSIDER GIVING PHOTOCOPIES TO – AND DISCUSS YOUR SPECIFIC DESIRES WITH:
(1)
YOUR AGENT AND
ALTERNATIVE AGENTS,
(2)
YOUR PRIMARY
PHYSICIAN,
(3)
SIGNIFICANT
MEMBERS OF YOUR FAMILY, AND
(4)
ANY OTHER PERSON
WHO IS LIKELY TO BE CALLED IN A MEDICAL EMERGENCY. IT IS VERY IMPORTANT TO KEEP A RECORD
OF THE PERSONS WHO HAVE RECEIVED COPIES – IN CASE YOU WISH TO REVOKE OR MODIFY
THIS DIRECTIVE. |
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CHECKLIST
FOR ADVANCE HEALTH CARE DIRECTIVE
TO ENSURE THAT YOU HAVE COMPLETED THIS
FORM PROPERLY, YOU SHOULD BE ABLE TO ANSWER “YES” TO EACH OF THE FOLLOWING ITEMS:
1.
I am a
California resident who is at least 18 years old, of sound mind and acting of my
own free will.
2.
The individual I have
selected to make health care decisions for me (my “Agent” or “Alternative
Agent”) is at least 18 years of age and, at the time when such Agent will be
making health care decisions on my behalf, is not and will not be:
·
a supervising health care provider or an employee
of the health care institution where I am then receiving care,
·
an operator of a community care facility or
residential care facility where I am then receiving care,
·
an employee of a health care facility, community
care facility or residential care facility for the elderly where I am then
receiving care, unless such employee is related to me by blood, marriage or
adoption, or unless I am also employed by the same health care institution,
community care facility or residential facility for the elderly, and
·
my
conservator under the Lanterman-Petris-Short Act,
unless additional legal requirements have been met.
3. I have spoken with the individuals
I have selected to make health care decisions on my behalf, and these
individuals have agreed to do so in the event I am unable to make such
decisions for myself.
4. We have discussed the
extent to which life-sustaining treatment (for example, ventilators/respirators,
dialysis, chemotherapy,
surgery, tube-feeding, CPR) should be implemented or maintained on my behalf.
5. The individuals I have selected understand how
I would act on my behalf were I able to do so.
6. I
have given a copy of this completed form to those who may need it in case an
emergency requires a decision concerning my health care, including the
individuals I have selected in this form, key family members and physicians.
7. I have had this form either notarized OR
properly witnessed.
a.
I have
obtained the signatures of two adult witnesses who personally know me (or to
whom I have proven my identity).
b. Neither witness is
· an Agent whom I have
designated to make health care decisions of my behalf,
· one of
my health care providers or any employee of one of my health care providers,
·
the operator or any employee of a community care facility (sometimes
called a “board and care home”), nor
·
the
operator or any employee of a residential care facility for the elderly.
c. At least one witness is
not related to me by blood, marriage or adoption, and is not named in my will
and, so far as I know, is not entitled to any part of my estate when I die.
8. I understand that, if I
want to change anything in this document, I must complete a new form. I should
also tell everyone who received a copy of the old form that it is no longer
valid and must ask that copies of the old form be returned to me so that I may
destroy them.
9. I have signed and dated this form.
10. I understand that an informative brochure is
available that explains this form and relevant Catholic principles in greater depth
11. If I am in a skilled nursing facility, I have obtained
the signature of a patient advocate or ombudsman
12. If I am a Conservatee under the Lanterman-Petris-Short Act, this form may not be applicable
and I should consult an attorney.
13. I am keeping a record of the persons who have received copies of this
Advance Health Care Directive.