Helping Families Across Southern California Protect Their Medical Wishes

An old saying goes, “At least I still have my health.” There’s a lot of wisdom in this simple sentiment. As long as we’re healthy, active, and able to move and think for ourselves, we can deal with quite a bit that life throws our way. As a result, many people greatly fear incapacitation due to an accident, illness, or aging. However, there are many legal steps in place that we can take to address these concerns in the event they come to pass. 

California law allows individuals to draft advanced health care directives. These are simple yet effective documents that allow every Kern County resident the ability to take control over their own lives in the event they’re incapacitated. It is therefore essential to reach out to our compassionate and experienced advance health care directive attorney. We can provide you with the unique peace of mind that comes with knowing your wishes for your own health care will be carried out, no matter the circumstances.

What is an Advance Health Care Directive?

An advance health care directive is a collection of legal documents that provide instructions for what you wish to happen in the event you are incapacitated, plus authorizations for a trusted individual to carry those instructions out on your behalf.

Examples of incapacitation include, but are not necessarily limited to:

• Full or Partial Paralysis
• Coma
• Persistent Vegetative State
• Being Placed on Life Support
• Dementia
• Alzheimer’s
• Old Age/Chronic Illness

In some cases of hospitalization, such as if you are severely injured during a car crash but remain conscious, you may be able to make your wishes known. However, there are multiple instances in which you may only be able to communicate briefly or not at all. This is why an advance healthcare directive is important for everyone. An advance health care directive not only ensures your wishes will be known, but it also provides the legal framework to enforce them.

What’s In an Advance Health Care Directive?

Advance health care directives contain multiple components that allow them to function properly and efficiently. The first major component is naming an agent. An agent is also called a health care proxy. This is a trusted individual to whom you will be granting the ability to carry out your wishes. A health care proxy should be an adult of sound legal mind whom you trust to carry out your wishes. A proxy will have access to your medical and healthcare information and will have in-depth conversations with your doctors.

HIPAA authorization is the next major component. This is a document that allows your proxy access to your medical records and which authorizes your doctors to discuss vital information. HIPAA concerns patient privacy, and laws regarding it are very strict.

Your advance health care directive will also contain specific instructions regarding your health. This is the major component of a directive. You can include any vital information you feel is necessary regarding your healthcare. This is why it’s essential to discuss advance healthcare directives with an experienced attorney. An attorney can help you plan for multiple possible healthcare emergencies and how to address them in a directive.

What is a DNR?

DNR stands for Do Not Resuscitate. This is a common component of many advance health care directives. It orders doctors not to take life-saving measures if your quality of life may be diminished if you are saved. For example, if the individual is declared legally dead, it may be possible to revive the individual. However, depending on the length of time they were incapacitated, they may experience impaired cognitive function or overall quality of life. 

Some individuals choose that life-saving measures not be taken under such circumstances. Whether or not to have a DNR is a vital choice for anyone drafting an advance health care directive, and is not a decision to be made lightly. This is why it’s important to consult family, friends, and a trusted attorney in drafting an advance health care directive.

What is Organ Donation in an Advance Health Care Directive?

Organ donation is another common component of advance health care directives. These are instructions to donate certain internal organs in the event life life-saving measures cannot be taken. The eyes, lungs, heart, and more can be given to other individuals in need of life-saving measures. As of 2025, over 110,000 people are waiting for organs in the United States. Over 20,000 of them are in California. Although over 90% of people claim to support organ donation, only about 30% of Americans are registered organ donors. This is why it’s vital to include instructions regarding organ donation in an advance health care directive.

Why Do I Need an Attorney for an Advance Health Care Directive?

Many people believe that advance health care directives are similar to wills. They may think that anyone can simply write down on a piece of paper what they want to happen if they are incapacitated, or simply tell a loved one. This is not true. There have been countless instances of people’s wishes regarding their healthcare coming into question after they have been incapacitated. In some instances, family members have sued one another and entered years-long legal battles for the right to control their loved one’s health care. Having clear, concise directions in a legal document drafted by an experienced advance health care directive attorney in Bakersfield is a simple way to avoid this potentially messy legal conflict.

An experienced attorney can also help ensure that your documentation is legally sound and that you have accounted for all possible contingencies. For example, while many people may think to file a DNR,  HIPAA authorizations are an often-overlooked component of advance health care directives. Without a HIPAA authorization, your health care proxy will be unable to discuss your care with your doctor. Failure to have HIPAA authorizations in place can potentially even invalidate the rest of your directive. This is only one example of why an attorney is necessary for everyone who wishes to draft an advance health care directive.

What Should I Do if I Want to Draft an Advance Health Care Directive?

Advance health care directives are vital for everyone, particularly individuals past the age of 40 or those involved in potentially dangerous lines of work. An advance health care directive provides a clear, legal, easy-to-follow path for health care professionals to follow in the event you are unable to make your own wishes known. This removes potential guesswork and eliminates the possibility of hurt or angry family members becoming involved in legal squabbles. Anyone can have an advance health care directive, but only an attorney can ensure that it is a comprehensive document accounting for every possibility. That’s why if you or a loved one wishes to draft an advance health care directive, you must contact the Law Offices of Robert H. Brumfield, P.C.

Robert Brumfield and his kind, compassionate staff understand advance health care directives may be a challenging topic to discuss. They also understand how vital they can be. Robert H. Brumfield and his dedicated advance health care directive legal staff will work with you and your loved ones to develop a comprehensive, thoughtful plan for yourself and your loved ones. Don’t hesitate. Anyone can be incapacitated at any time. Ensure your wishes will be followed. If you or a loved one needs to draft an advance health care directive, don’t hesitate to call 661-384-6940 to schedule your free consultation today.