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Advance Health Care Directive Lawyer in Valencia, CA

Complete Guide to Advance Health Care Directives in Valencia

An Advance Health Care Directive lets you state your medical wishes and designate who will make health decisions if you cannot. For residents of Valencia, having this document in place reduces uncertainty for family members and ensures medical care aligns with personal values. Our firm assists clients in drafting clear, state-compliant directives that reflect their priorities, whether those involve life-sustaining treatment, pain management, or comfort care. Preparing a directive also helps avoid conflict among loved ones and supports smoother communication with treating physicians, hospitals, and long-term care facilities in the Los Angeles County area.

Working with a lawyer to prepare an Advance Health Care Directive ensures the document fits California legal requirements and is tailored to your circumstances and beliefs. This planning is relevant for adults of all ages, not only those with immediate health concerns, because accidents or sudden illness can occur at any time. A properly drafted directive complements other estate planning tools like a revocable living trust or a durable power of attorney, creating a coordinated plan for health care and financial decisions. Our goal is to make the process straightforward and to provide clear guidance so your intentions are honored.

Why an Advance Health Care Directive Matters and the Benefits It Provides

An Advance Health Care Directive offers important benefits by documenting treatment preferences and appointing a trusted decision maker for medical situations where you cannot speak for yourself. It reduces ambiguity about life-sustaining interventions, comfort measures, and other sensitive decisions, easing the burden on family members who otherwise would face difficult choices without guidance. Having a directive in place can improve communication with doctors and hospitals, streamline care decisions during emergencies, and protect personal dignity. For people in Valencia and throughout California, this planning helps ensure that medical care reflects individual values while providing legal clarity for providers and loved ones.

About the Law Offices of Robert P. Bergman and Our Legal Team

The Law Offices of Robert P. Bergman provides estate planning services to clients across California, including Valencia. Our firm focuses on creating durable, practical documents like Advance Health Care Directives, living trusts, and powers of attorney that work together to protect clients and their families. We emphasize clear communication, careful drafting, and responsive service, helping clients understand options and make informed choices. Our approach is client-centered, with attention to individual preferences and local procedures in Los Angeles County, so documents are ready for discussion with medical providers and family members when they are needed most.

Understanding Advance Health Care Directives in California

An Advance Health Care Directive typically includes a living will portion that records treatment preferences and a designation of an agent to make health decisions on your behalf. California law recognizes these documents and provides a framework for who can act and how decisions should be made. Knowing the scope and limitations of a directive helps individuals choose appropriate language and backups for decision makers. We guide clients through common scenarios, how to express conditional choices, and how to coordinate a directive with other planning documents to ensure that medical decisions follow their wishes in diverse circumstances.

Creating a directive involves considering a range of medical possibilities, from routine treatment refusals to complex life-sustaining care choices. It is important to name alternate agents, describe values and goals of care, and include instructions for organ donation, pain relief preferences, and end-of-life care. Regular review and updates are also advisable as health, relationships, and preferences change over time. We help clients draft documents that are clear, legally valid in California, and practical for use by physicians, hospitals, and long-term care facilities in Valencia and beyond.

Definition and Explanation of an Advance Health Care Directive

An Advance Health Care Directive is a written legal document that records your wishes about medical treatment and designates someone to make health care decisions if you cannot do so. It includes instructions for life-sustaining treatment, palliative care preferences, and appointment of a health care agent to act on your behalf. Under California law, the directive helps ensure that providers follow your stated wishes and that decision-making authority is clearly assigned. The directive becomes especially important during emergencies, serious illness, or when cognitive decline prevents you from communicating directly with medical staff.

Key Elements and the Process of Putting a Directive in Place

Key elements of an Advance Health Care Directive include naming a health care agent, outlining treatment preferences, specifying pain management goals, and indicating any religious or personal considerations. The process typically begins with a discussion of values and likely scenarios, followed by drafting clear, unambiguous language, signing the document in accordance with California requirements, and distributing copies to the agent, family members, and medical providers. We emphasize practical details such as how to store the document, when to present it to hospitals, and how to integrate it with other estate planning materials for a complete plan.

Key Terms and Glossary for Advance Health Care Planning

Understanding common terms used in health care planning helps you make informed decisions and communicate effectively with your appointed agent and medical providers. Terms like living will, health care agent, durable power of attorney for health care, and do not resuscitate orders each have specific meanings and legal effects. We provide plain-language explanations to help clients grasp how these pieces interact and which options best reflect their goals. Clear terminology reduces confusion during stressful moments and ensures that directives are applied as intended.

Health Care Agent (Health Care Proxy)

A health care agent, sometimes called a health care proxy, is the person you appoint to make medical decisions on your behalf if you cannot communicate. This individual should understand your values and be willing to speak with doctors, review treatment options, and enforce your documented preferences. Selecting an agent includes naming alternates and discussing boundaries for decisions, such as life-sustaining treatment or pain management. California law recognizes the agent’s authority when the directive is properly executed, so thoughtful selection and clear instructions help the agent act confidently and in agreement with your intentions.

Living Will

A living will portion of a directive records your wishes about specific medical treatments in situations where you are unable to communicate. It can cover decisions about ventilators, artificial nutrition and hydration, resuscitation, and other interventions. Instead of leaving choices to family members or medical staff, a living will provides written guidance that physicians can follow. Clear, scenario-based language helps avoid misinterpretation and supports smoother application in hospital or long-term care settings in Valencia and throughout California.

Durable Power of Attorney for Health Care

A durable power of attorney for health care appoints someone to make medical decisions on your behalf and remains in effect even if you become incapacitated. It grants authority for choices that arise during treatment and can be tailored with instructions or limits. This document works in tandem with a living will to provide both general guidance and an empowered decision maker. Naming alternates and communicating expectations can prevent family disputes and ensure smoother interactions with doctors and medical facilities when urgent decisions are required.

Do Not Resuscitate (DNR) and Other Specific Orders

Do Not Resuscitate orders and similar medical directives express specific wishes about emergency interventions like cardiopulmonary resuscitation. These orders are typically entered in medical records or on specific forms recognized by hospitals and emergency responders. Including preferences for DNR or other targeted instructions within a broader Advance Health Care Directive or separate medical orders ensures clarity for first responders and treating teams. Discussing these choices with your agent and physician helps align emergency protocols with your overarching goals for care.

Comparing Legal Options for Health Care Decision-Making

There are multiple options for documenting health care preferences, including an Advance Health Care Directive, a durable power of attorney for finances, and medical orders for life-sustaining treatment. Each serves a distinct role: directives focus on health choices, powers of attorney cover decision-making authority, and medical orders translate preferences into actions for providers. Choosing the right combination depends on personal circumstances, family dynamics, and medical considerations. We help clients weigh these options, explaining how each document functions and how to create a coordinated plan that meets both legal standards and personal goals.

When a Limited or Focused Directive May Be Sufficient:

Short-Term or Specific Medical Needs

A limited directive can be appropriate when your concerns are narrow, such as pre-authorizing treatment preferences for a scheduled surgery or short-term hospitalization. In such cases, concise instructions about resuscitation, anesthesia risks, or temporary life support clarify immediate wishes without addressing broader, long-term scenarios. This approach may be suitable for otherwise healthy adults who want to resolve a particular upcoming procedure. Even when adopting a focused directive, it is important to confirm that hospitals and treating physicians recognize the document and that your chosen agent is informed and prepared to act.

Clear, Narrow Treatment Preferences

Some individuals have specific, narrowly defined preferences, such as refusing a particular type of intervention under defined circumstances. When wishes are straightforward, a targeted directive can communicate those choices efficiently. This may reduce complexity and speed implementation in relevant clinical settings. However, even focused instructions should be documented clearly and include information about how those choices relate to overall goals of care. Clear communication with your agent and medical team ensures that limited directives are applied as intended when the limited circumstances arise.

When a Comprehensive Advance Directive and Planning Are Advisable:

Complex Health Situations or Chronic Conditions

A comprehensive approach is often advisable for individuals with chronic health conditions, progressive illnesses, or complex family situations that may lead to difficult medical decisions. Detailed directives paired with a clear appointment of a decision maker and alternates help ensure consistent application of your wishes over time. Comprehensive planning can address contingencies, specify nuanced treatment preferences, and coordinate with financial and estate documents. This broader preparation reduces the risk of unintended outcomes and helps family members and medical providers follow a documented plan that aligns with long-term objectives.

When Family Dynamics Require Clear Legal Guidance

When family members hold differing views or relationships are complex, comprehensive legal documents provide clarity and reduce conflict. Detailed directives and explicit agent appointments make it easier for health care providers to follow a legally supported plan without navigating disputed family input. Including written statements of values and step-by-step instructions for likely scenarios helps the appointed agent and family members understand the reasons behind choices. Comprehensive planning promotes smoother decision making and preserves family relationships by setting out clear, legally recognized guidance.

Benefits of a Comprehensive Advance Health Care Planning Approach

Taking a comprehensive approach provides peace of mind by documenting a wide range of medical preferences and naming decision makers and alternates. It reduces uncertainty during crises and helps align medical treatment with personal values, religious considerations, and long-term goals. Having full documentation accessible to hospitals and long-term care providers in Valencia and Los Angeles County streamlines care decisions and reduces the burden on family members, who can rely on clear instructions rather than guesswork. Comprehensive plans also adapt well to changing circumstances when reviewed and updated periodically.

A comprehensive plan also coordinates with other estate planning documents, such as revocable living trusts, powers of attorney, and guardianship nominations, creating a cohesive legal strategy. This coordination ensures that financial and health care decisions are handled consistently, protecting assets and honoring care preferences. Clear documentation aids communicating with multiple providers and supports smoother transitions between care settings. Regular reviews of a comprehensive plan help keep documents current with evolving laws, medical advances, and changes in personal circumstances, ensuring continued alignment with your goals.

Greater Clarity and Less Family Conflict

Comprehensive directives reduce ambiguity by expressing specific preferences and naming a decision maker, which minimizes disputes among relatives. Detailed language about treatment priorities and values helps guide the appointed agent and informs medical staff, reducing reliance on uncertain recollections or conflicting opinions. When family members understand the documented intentions, they are more likely to accept the agent’s decisions and support the care plan. This clarity eases emotional strain during medical crises and provides a consistent reference that hospitals and care providers can follow.

Better Coordination with Medical Providers and Care Plans

A comprehensive directive facilitates communication with doctors, hospitals, and long-term care facilities by translating preferences into actionable guidance. This coordination can improve the timeliness of care decisions during emergencies and ensure that treatment aligns with stated goals, such as comfort-focused care or avoidance of certain invasive treatments. Clear documentation also helps integrate advance directives into medical records and hospital protocols, so staff can follow the plan consistently across shifts and care settings, reducing the risk of conflicting orders or unwanted interventions.

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Practical Tips for Your Advance Health Care Directive

Choose a Trusted Health Care Agent

Selecting the right person to act as your health care agent is one of the most important steps in the directive process. Choose someone who understands your wishes, can communicate calmly under stress, and is willing to make difficult decisions when necessary. It can be helpful to name an alternate agent in case your primary choice is unavailable. Have a candid conversation with the person you appoint to ensure they know your values and are comfortable handling sensitive medical and emotional matters. Proper communication before a crisis helps the agent carry out your wishes effectively.

Be Specific About Values and Treatment Preferences

Clear, scenario-based language about preferred treatments and goals of care reduces ambiguity. Instead of vague statements, describe concrete outcomes you want to avoid or pursue, such as preferences about artificial nutrition, ventilator use, or pain management priorities. Discuss cultural, spiritual, or quality-of-life considerations that should guide decisions. Providing examples of hypothetical situations helps your agent and medical team interpret your values. Regular reviews and updates to the document ensure it continues to reflect your current wishes as circumstances and medical options change.

Keep Documents Accessible and Share Copies

Make sure your completed directive is easy to find when it is needed: keep copies with your medical records, give one to your health care agent, and provide copies to close family members and your primary care physician. Consider storing a digital copy that is readily available, but also keep an original signed and witnessed version where local hospitals will accept it. Let emergency contacts know the location of the document and how to contact your agent. Clearly labeled, accessible documents help ensure timely compliance in urgent situations where decisions must be made quickly.

Reasons to Create an Advance Health Care Directive

There are many reasons to prepare an Advance Health Care Directive, including protecting your right to direct medical care, reducing stress for family members, and ensuring that treatment aligns with your values during times when you cannot speak. Directives are especially important for individuals with chronic conditions, those approaching later life stages, or anyone who wants control over end-of-life care and medical interventions. Creating a directive also supports coordinated planning with other legal documents, making it easier for appointed agents and health care providers to follow your instructions without delay.

Another reason to consider this service is the peace of mind it provides: having decisions documented allows loved ones to focus on support rather than debate during medical crises. Directives also allow you to name alternates and set boundaries for decisions, reducing the likelihood of disputes. Additionally, preparing a directive encourages conversations with family and medical providers about values and goals of care, which improves understanding and helps ensure treatment plans reflect what matters most to you in a clear, legally recognized way.

Common Circumstances That Make an Advance Directive Important

Advance directives are commonly used in circumstances such as serious illness, pre-surgical planning, progressive neurological conditions, or when cognitive decline could affect decision-making ability. They are also appropriate for individuals who travel frequently, live alone, or have complex family relationships that could complicate medical decisions. Creating a directive ahead of time provides clarity and legal authority for appointed agents to act according to your wishes, which is particularly valuable when time is critical or when family members disagree about the appropriate course of treatment.

Before Major Surgery or Medical Procedures

Preparing an Advance Health Care Directive before major surgery reduces uncertainty if complications arise and you are unable to communicate. Having documented preferences about resuscitation, ventilation, and postoperative care helps medical teams follow your wishes immediately. It also relieves family members from having to make on-the-spot decisions without clear guidance. Providing a copy of the directive to your surgical team and designated agent ensures that everyone understands your priorities and can act in a coordinated manner if unexpected situations occur.

When Living with a Chronic or Progressive Condition

Individuals managing chronic or progressive illnesses benefit from advance directives because these documents can evolve with changing health needs and provide long-term clarity for care decisions. Directives set out preferences for interventions and comfort measures and designate who will make choices if you become incapacitated. This foresight helps manage transitions between care settings, from hospital to home or long-term care facility, and ensures that treatments remain consistent with your stated goals throughout the course of an illness.

When Family Dynamics Might Complicate Decisions

Complex family dynamics can create conflict during medical decision-making, but an advance directive with a clearly named agent and specific instructions reduces ambiguity. Documented wishes give medical staff a legal basis for following your preferences and make it easier for the appointed agent to represent your interests confidently. Clear directives help prevent disputes among relatives and support more peaceful, focused conversations at difficult times, allowing family members to honor your choices instead of debating them.

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Advance Health Care Directive Attorney Serving Valencia and Surrounding Areas

We are here to assist Valencia residents with drafting, reviewing, and implementing Advance Health Care Directives that reflect their wishes and comply with California law. Our approach emphasizes clear communication, thoughtful selection of an agent, and practical instructions for common medical scenarios. We provide guidance on coordination with physicians, storage and distribution of documents, and periodic updates. Whether you are planning for the future or addressing immediate medical concerns, we work to make the process straightforward so that your health care choices are known and respected when they matter most.

Why Choose the Law Offices of Robert P. Bergman for Advance Directives

Choosing legal assistance for an Advance Health Care Directive helps ensure the document is valid, clear, and practical for use by medical providers in Valencia and throughout California. Our firm focuses on helping clients articulate their values, draft precise instructions, and name appropriate agents and backups. We also address how the directive fits with other estate planning documents so decisions about health care and finances work together. Our goal is to equip clients and families with documents that reduce uncertainty and support timely, respectful care choices.

We also provide guidance on implementation details that make directives more effective in practice, such as ensuring copies are distributed to physicians and family members, advising on state-specific requirements for signatures and witnesses, and suggesting ways to document conversations with your agent. These practical steps increase the likelihood that your documented preferences will be followed and help reduce stress for loved ones. We prioritize clear, actionable documents that perform well in real-world medical settings.

Finally, we help clients review and update directives as circumstances change, such as after a major health event, a change in family dynamics, or a move to a different care setting. Periodic review keeps documents aligned with current wishes and medical realities. Our team is available to answer questions, facilitate conversations with agents and family members, and assist in integrating the directive with broader estate plans to ensure consistency across legal documents.

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Our Process for Preparing an Advance Health Care Directive

Our process begins with an initial consultation to learn about your medical values, family dynamics, and specific preferences for care. From that discussion we draft a clear, legally compliant directive, review it with you for any revisions, and arrange for proper execution under California requirements. We provide copies for your records and advise on distribution to medical providers and your appointed agent. Follow-up support and periodic reviews are available to keep documents current and practical for use in Valencia-area hospitals and care facilities.

Step One: Intake and Values Discussion

The first step involves a conversation about your current health, personal values, and what matters most in medical care. We explore scenarios that illustrate your preferences and discuss who might serve as an effective health care agent. This intake helps us craft language that captures your goals and anticipates potential medical decisions. We also review any existing documents, identify needed updates, and explain California signing and witnessing requirements so the directive will be accepted by medical providers.

Discussing Goals of Care and Personal Values

We guide clients through questions about goals of care, pain management, life-sustaining interventions, and personal beliefs that should inform decisions. These discussions clarify priorities such as maintaining comfort, prolonging life in certain conditions, or focusing on quality of life. Expressing values in real-world terms helps us translate them into directive language that can be applied by your agent and medical professionals when specific choices arise. This step is key to producing a directive that truly reflects your wishes.

Selecting an Agent and Naming Alternates

Choosing the right agent involves considering availability, communication skills, and willingness to act under pressure. We recommend naming alternates in case the primary agent is unavailable, and we discuss documenting the scope of authority you intend to grant. Clear instructions about when the agent should act and any limits on authority reduce confusion. We also advise on how to communicate your decisions to the chosen agent so they are prepared to represent your wishes effectively.

Step Two: Drafting and Review of the Directive

During drafting we convert your stated preferences and values into precise, legally effective language. We prepare a document that addresses common medical scenarios and includes any specific instructions you request. The draft is then reviewed with you, allowing for clarifications and revisions. We ensure the final text complies with California statutes and will be accepted by medical providers, and we provide guidance on practical concerns like signing, storing, and distributing the document to those who need it.

Tailoring Language for Clarity and Legal Effect

Precise language reduces ambiguity and increases the likelihood that your preferences are followed. We take care to draft statements that medical personnel can apply in various clinical contexts, avoiding vague terms and instead using clear instructions tied to observable conditions. This tailoring helps ensure that physicians and care teams can interpret the directive consistently and that the appointed agent has a robust legal foundation for decision making. We also check that the document integrates with other planning materials.

Reviewing and Finalizing the Document

After drafting, we review the directive with you line by line to confirm that it expresses your wishes and addresses foreseeable scenarios. This review may lead to adjustments for clarity or additional instructions. Once finalized, we assist with the execution process—arranging for required signatures and witnesses—and provide guidance on making the document available to medical providers. We also recommend a schedule for future reviews to keep the directive aligned with evolving wishes or circumstances.

Step Three: Execution, Distribution, and Ongoing Review

The final phase ensures the directive is properly executed, distributed, and ready for use. We advise on who should receive copies, how to store the original document, and how to add the directive to medical records. We also discuss periodic review intervals and how to make updates as health or personal situations change. Our team remains available for follow-up questions, agent consultations, and assistance in presenting the directive to health care providers when necessary.

Proper Execution and Witnessing Requirements

California requires certain formalities for executing an Advance Health Care Directive, such as signatures and witness or notarization rules. We guide clients through the proper steps to ensure the document will be recognized by hospitals and physicians. Proper execution minimizes the risk of disputes or refusal to honor the directive. We also explain where to keep the original, how to create accessible copies, and how to provide the necessary documentation to your primary care provider and any specialists involved in your care.

Maintaining and Updating Your Directive Over Time

Health and personal circumstances change, so reviewing your directive periodically is important to ensure continued alignment with your values. We recommend revisiting the document after major life events, changes in health status, or shifts in relationships. Updating the directive when needed and re-communicating any changes to your agent and medical providers keeps your plan current and effective. We offer follow-up consultations to assist with revisions and to advise on how to implement updates smoothly.

Frequently Asked Questions About Advance Health Care Directives

What is an Advance Health Care Directive and why do I need one?

An Advance Health Care Directive is a legal document that records your medical treatment preferences and appoints someone to make health decisions if you cannot. It guides doctors and family members about your wishes concerning life-sustaining treatment, pain management, and other medical choices. Having a directive reduces uncertainty and ensures that your values direct care when you are unable to speak for yourself, which can be especially important during emergencies or serious illness. Creating a directive also helps prevent family disagreements and provides legal clarity for medical providers. It is a foundational part of advance care planning for adults of all ages, and preparing one ahead of time makes it easier for your appointed agent to act confidently and for medical staff to follow your stated preferences when urgency requires swift decisions.

Choosing the right health care agent involves selecting someone who knows your values, can communicate effectively with medical professionals, and is willing to make difficult decisions when necessary. Consider availability, emotional resilience, and proximity to medical facilities. It is also wise to name alternates in case the primary agent cannot serve. Discuss your wishes with the person you appoint so they understand specific treatment preferences and the reasoning behind them. Clear conversations reduce uncertainty and help the agent act in accordance with your goals. Keeping your agent informed and providing copies of the directive improves the likelihood that your wishes will be followed in practice.

Yes, an Advance Health Care Directive can be changed or revoked at any time while you have decision-making capacity. In California you can update the document to reflect new preferences, name a different agent, or alter instructions as circumstances evolve. It is important to follow proper steps to revoke or replace an existing directive and to distribute the updated document to your agent, family, and medical providers. When making changes, notify health care providers so the updated directive is included in your medical records. Keeping records current reduces confusion and ensures that the most recent instructions guide care decisions when they are needed.

Hospitals and doctors in Valencia and throughout California generally honor properly executed Advance Health Care Directives that comply with state requirements. Ensuring correct signatures, witness or notarization as needed, and providing copies to your medical team increases acceptance. Presenting the directive ahead of time to your primary care physician and hospital records helps integrate it into your file for easy access during emergencies. If a provider has questions, your appointed agent can present the document and discuss its application. Clear documentation and proactive communication with your health care team make it more likely that your documented wishes will be followed across care settings.

If you do not name a health care agent, decisions about your medical care may fall to family members under California law, which can lead to disputes or delays in urgent situations. Without a designated decision maker, providers often look to the next of kin hierarchy to identify who should speak for you, but this may not reflect your preferred choice or best interests. Appointing an agent provides legal authority and reduces uncertainty for medical teams and family. Naming alternates and discussing your wishes prevents conflict and ensures someone you trust is empowered to make decisions consistent with your values.

Including specific treatment preferences can reduce ambiguity and guide your agent and medical team more precisely, especially for common decisions like resuscitation or mechanical ventilation. Scenario-based language that reflects values and outcomes you wish to avoid or pursue helps translate preferences into actionable instructions for providers. However, overly rigid instructions can create difficulties in unanticipated situations, so balancing specific directives with broader statements of values often works best. Discussing preferred approaches with your agent and physician helps ensure instructions are practical and applicable across likely medical scenarios.

An Advance Health Care Directive complements other estate planning documents such as a revocable living trust, a durable power of attorney for finances, and guardianship nominations. While the directive focuses on medical decisions, other documents address financial affairs and property management, and together they form a cohesive plan for incapacity or end-of-life matters. Coordinating these documents ensures consistency between who makes medical choices and who handles finances, and it helps prevent conflicts or gaps in decision making. Regular review of the full estate plan keeps all documents aligned with your current wishes and circumstances.

California has specific rules for executing an Advance Health Care Directive, which generally include signature and witness requirements. In some situations, notarization is recommended or required for certain documents, and following these formalities helps ensure the directive is accepted by medical providers and institutions. We guide clients through the appropriate execution steps, including arranging witnesses or notarization as needed, and provide instructions for distributing properly executed copies to your agent, family, and health care providers so the document can be used reliably when required.

It is wise to review your Advance Health Care Directive periodically and after major life events, such as changes in health, relationships, or relocation. Reviewing every few years or following any significant shift in circumstances helps ensure the document continues to reflect your current wishes and remains effective and enforceable. When you update a directive, inform your agent, family, and medical providers and replace older copies to avoid confusion. Regular review reduces the risk of outdated instructions guiding critical medical decisions and keeps your care plan aligned with your evolving priorities.

Share your directive and the reasoning behind your choices with family members and the person you appoint as agent to ensure everyone understands your wishes. Open conversations reduce uncertainty and prepare your agent to make decisions in line with your values when the time comes. Provide copies of the document to your agent, primary care physician, and any specialists, and keep an accessible original or certified copy. Inform close contacts where the directive is stored and how to reach your appointed agent, so the document can be implemented quickly in an emergency.

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