Self Help Books
Legal Encyclopedias and Law Summaries
Practice Guides
California Statutes
Forms
Websites
You can find additional materials on living wills by browsing the library shelves near the listed books or by searching the library catalog.
There are two basic kinds of health care documents: the durable power of attorney, naming a trusted person to direct your health care if you are unable to do so yourself, and the living will, setting out the types of medical treatment you would or would not like to receive in certain situations. In California, these two documents are combined into a single form called an advance health care directive (AHCD).[1]
There are three main options for creating an AHCD: California's statutory form, available in Probate Code § 4701 and on our site; a pre-printed form from a group such as the California Medical Association; or an attorney-drafted form. In many cases, a pre-printed form may be the best option, because health care facility staff will be more likely to comply with the familiar form without the delay of legal department review.
This guide lists materials in the library that cover advance medical directives and health care powers of attorney. The guide also lists helpful, authoritative websites.
SELF HELP BOOKS
These are "plain English" explanations of the law, with basic procedures clearly described and many good examples. They often include sample filled out forms to help guide you through the process. The books vary in style and format, so look through all of them to determine which one you find easiest to use and to understand.
Living Wills and Powers of Attorney for California. (Nolo) KFC336 .I78
This recently published book comes with a CD that gives you the ability to customize these documents. Similar self-help books include California Power of Attorney Handbook (Sphinx) KFC336 .A9 C3; How to Write Your Own Living Will (Sphinx) KF3827 .E87 H356; and Power of Attorney Handbook (Sphinx) KF1347 .Z9 H35.
Quicken Will Maker Estate Planning Essentials. (Nolo) KF750 .Z9 W55
A best seller from Nolo Press; there is an accompanying CD-ROM for building a will and many of its associated documents, including the advance directive.
The Complete Living Will Kit.(Sphinx) KF 3827 .E87 H36
This book from comes with a CD-ROM that can be customized to fit your needs.
LEGAL ENCYCLOPEDIAS and LAW SUMMARIES
Witkin Summary of California Law. KFC80 .W5
Volume 14, "Wills," sections 876 et seq., explains and interprets California's law on advance health care directives.
PRACTICE GUIDES
These books are written for the practicing attorney. They cover the law and legal practice in more depth and detail, but they also contain more information about procedures, motions, and pleadings. Refer to these materials when the self-help books do not address your specific legal issues or concerns.
California Powers of Attorney and Health Care Directives. KFC336 .C35
This CEB practice guide contains discusses alternatives to AHCDs, ethical considerations for attorneys drafting them, the fundamentals of AHCDs under California law. Chapter 8 usefully discusses the benefits of, and differences between, several commonly-available "fill-in-the-blank" forms, as well as lawyer-drafted forms. The guide suggests that unless there is a compelling reason to use an attorney-drafted form, using a pre-printed form may be advisable, since it will be readily and speedily accepted by health care facilities.
Chapter 9 of this book discusses current California and federal law regarding health care decision making, the right to refuse medical treatment, physician-assisted suicide, anatomical gifts, and more, exploring the legal rights of individuals both with and without legal capacity.
Elder Law Resources, Benefits, and Planning: An Advocate's Guide. KFC311 .A34 C35
Chapter 4 of this practice guide, also from CEB, discusses health care and personal decision making. This guide focuses more on advocating for clients than on drafting AHCDs, referring the reader to the California Powers of Attorney and Health Care Directives guide for in-depth drafting advice. Instead this book focuses on issues to discuss with the client, such as the law surrounding such health care and end-of-life issues as advanced health care directives, "do not resuscitate" orders, physician-assisted suicide, pain treatment, autopsies, anatomical gifts, and more.
CALIFORNIA STATUTES
California Probate Code sections 4600-4805 contain the text of the California Health Care Decisions Law and the Uniform Health Care Decisions Act.
- Sections 4670 - 4695 specifically cover Advance Health Care Directives.
- Sections 4700 – 4701 provide legally acceptable language for the Directive.
Probate Code. KFC30.5 .W4 C59
The law library has both West and Deerings annotated codes in print.
Electronic access: On the Internet at www.leginfo.ca.gov/calaw.html (unannotated). West's annotated version is available on the law library computers, using Westlaw.
Probate Code Annotated. KFC30 .W48 P76
The law in this version is identical, but also included are explanatory notes providing references for further research and summaries of court cases that have interpreted probate laws. The annotated version is not accessible on the Internet.
FORMS
These resources offer sample forms, either fill-in-the-blank forms or more in-depth samples attorneys use as the basis of complex documents.
Pre-printed form Advance Health Care Directives:
Sacramento County Public Law Library Forms
California's Statutory Advance Health Care Directive
http://www.saclaw.org/Uploads/files/forms/AdvHealthcareDir.pdf
This form is set out in California Probate Code § 4701 and satisfies California's statutory requirements for an advance health care directive.
California Medical Association
Advance Health Care Directive Information & Kit
http://www.cmanet.org
This form is probably the most widely used in California and will be readily recognized and accepted by California medical personnel. The CMA's form is not available for free, but can be purchased as part of a $6 kit in English or Spanish.
California Hospital Association
Advance Health Care Directive
http://www.calhospital.org/public/advance-health-care-directive
This free form is closely modeled on the California statutory language and provides more protection than the CMA version for persons who do not want to be kept alive through medical procedures when the risks and burdens of treatment outweigh expected benefits.
Institute for Healthcare Advancement
Easy to Use California Advance Health Care Directive
www.iha4health.org/index.cfm/menuitemid/266.htm
This form is written in plain language, with large type and illustrations, and is intended to be used by people who read below the fifth grade level. Available in English, Spanish, Chinese, and Vietnamese.
CaliforniaLivingWill.org
http://www.californialivingwill.org/
Download a free pdf Advance Heath Care Directive Form. The site also offers useful information about the option to register your AHCD with the California Secretary of State.
Models for customized AHCDs:
California Legal Forms—Transaction Guide. KFC88 .C32
Volume 33, Chapter 104 covers "Health Care Transactions, Consents, and Directives." Electronic access: on the law library computers, using LexisNexis CD.
California Powers of Attorney and Health Care Directives. KFC336 .C35
Chapter 8 includes a complete attorney drafted AHCD as well as clauses that may be added to pre-printed forms for special circumstances.
WEBSITES AND COMMUNITY GROUPS
American Bar Association
Living Wills, Health Care Proxies, and Advance Health Care Directives
Here you will find some very useful consumer-oriented information on advance directives, as well as links to related sections of the Bar Association's website.
California Medical Association
http://www.cmanet.org/about/patient-resources/end-of-life-issues/advance-directives
The CMA offers practical, detailed information about how and why to use an AHCD (and offers their own, widely used, form for sale).
California Secretary of State
www.sos.ca.gov/business
Click on the "OTHER SERVICES" tab to get to an interactive AHD Registration form. Registration of your AHD is not mandatory. If you register, information about your AHD will be given to your health care provider, public guardian, or legal representative upon request. A request for information must state the need for the information.
Nolo Press
www.nolo.com
Nolo Press publishes several of the self help books listed in this Guide. At Nolo's home page, click on the "Wills, Trusts & Estate Planning" section. This will link you to many reliable and informative articles on this and associated topics.
Senior Legal Hotline of Sacramento
www.seniorlegalhotline.org
This group has a host of packets available to eligible seniors (60 and above) who call, e-mail, or visit their offices. On the website, click the link "Fact Sheets, Forms and Flyers." Or call (916) 551-2140 in Sacramento or (800) 222-1753 toll-free in California. Currently (July 2010) the hotline is limited to Sacramento County residents, except for questions about pensions, food stamps, foreclosure counseling and reverse mortgages.
[1] Nolo Press, California Living Wills and Advance Health Care Directives: What You Need to Know, http://www.nolo.com/legal-encyclopedia/california-living-will-health-care-power-of-attorney-31806.html (last visited Aug. 3, 2011).
updated 8/3/2011 kf
revised 11/22/11 mpj