You named someone to make medical decisions if you cannot speak for yourself. But what happens if that person wants something different from what your advance directive says? California law requires a healthcare agent to follow your healthcare instructions and other known wishes. If your wishes are unknown, the agent must consider your best interest and known personal values.
What authority does your healthcare agent have?
An advance healthcare directive can include your treatment instructions and name an agent to make health care decisions when you cannot make them yourself. The difference between your instructions and your agent’s authority matters when questions arise about a decision.
Your agent generally must make decisions consistent with your known instructions and wishes under California Probate Code § 4684. When your instructions do not address a particular situation, the agent may make the decision to the extent allowed by the directive and relevant law.
When can an agent’s decision become a dispute?
A dispute can arise when your directive contains specific treatment instructions but your agent believes a different decision would be appropriate. The wording of your directive matters, especially when it addresses specific treatments or gives your agent broader decision-making authority.
Questions may also arise about whether a particular action falls within the agent’s authority. The scope of the agent’s authority depends on the directive and relevant California law.
What matters when an agent’s authority is challenged?
The advance directive is an important starting point. Its instructions, the authority granted to the agent and other evidence of your known wishes may help determine whether the agent acted within that authority.
Clear records can also help establish what you intended and what authority you gave your agent:
- The current advance healthcare directive
- Written healthcare instructions
- Communications about your treatment preferences
- Other documents that clarify the agent’s authority
These records may become important if an interested person challenges whether the agent acted in line with the person’s wishes or within the authority granted by the directive.
Protecting your healthcare wishes
Review your advance directive to confirm it clearly reflects your instructions and the authority you intend to give your agent. A California estate litigation attorney can review your advance directive and advise you if your agent’s decisions conflict with your wishes or exceed the authority you granted.
