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Advance Health Care Directive FAQs

What if I spend time in more than one state?

A valid advance directive in California will not always work in another state. Some states do honor advance directives from another state; others will honor out-of-state advance directives as long as they are similar to the state's own law; and some states do not have an answer to this question. The best solution is that if you spend a significant amount of time in more than one state, you should complete the advance directives for all the states you spend a significant amount of time in.

Will my advance directive expire?

Advance directives do not expire. An advance directive remains in effect until you change it. If you complete a new advance directive, it invalidates the previous one.

Should I update my Directive?

You should review your advance directive periodically to ensure that they still reflect your wishes. If you want to change anything in an advance directive once you have completed it, you should complete a whole new document.???

When does an Advance Health Care Directive take effect?

An advance Health Care Directive is only used if you are incapacitated and cannot make your own decisions. You can change your directive at any time and if you are not incapacitated, you can make decisions that are different than those in you Directive.

When am I considered incapacitated?

You will be considered incapacitated if two physicians certify that:

  • You are unable to make medical decisions and,
  • You are in the medical condition specified in the state's living will law (such as "terminal illness" or "permanent unconsciousness")
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summerall law
Summerall Law, P.C. - Oakland Estate Planning Attorney
Located at 3873 Piedmont Avenue, Suite 8,
Oakland, CA 94611
Phone: (415) 944-9406
Local Phone: (415) 944-9406
Website:
Probate.com

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