Kushner Legal

West Hollywood Lawyer Discusses Health Care Decisions for Incapacitated Adults

West Hollywood lawyer reveals what happens when no advanced health care directives are included in an estate plan


Beverly Hills, CA -- (ReleaseWire) -- 03/13/2020 --As an estate planning lawyer in West Hollywood , the team at Kushner Legal previously discussed the importance of drafting an Advanced Health Care Directive as part of the California Estate Plan. Without a health care directive in place, the decisions made for an incapacitated loved one requiring a specific procedure can default to the California Probate Code. For more, go to: https://kushnerlegal.com/health-care-decisions-for-incapacitated-adults/

While estate planning is typically considered a step that's taken for family and friends, there is an aspect to Estate planning in California in which estate planning can be used to ensure the wishes of the will maker are carried out with respect to health care in the event of incapacitation.

Section 4701 of the California Probate Code provides a form which enables signatories to give advanced directions with respect to personal healthcare, and to name another individual as power of attorney for health care. This person can then make decisions before or during incapacity.

In the event that no Advanced Health Care directive is provided:
- Sections 3200 -3212 provide the remedy for health care decisions for adults who are not under conservatorship.
- Section 3201 permits a petition to be filed to determine whether a patient has the capacity to make decisions concerning existing or continuing conditions and if there is no capacity to designate someone to make those decisions in their stead.
- Section 3201 provides that the petition can be filed by a spouse, child, friend, relative or other interested party. It is also important to note that there are some limits to the relief that can be sought under these sections of the probate code.

For example, no order can be made to provide experimental drugs or for convulsive treatment, and there is nothing in this section of the code that can impair the ability of someone to choose treatment by way of spiritual means in lieu of medical treatment.

The most effective means to ensure personal wishes are followed—for a will maker as well as friends and family—is to meet with an estate planning lawyer in West Hollywood and have a properly drafted Advanced Health Care Directive drawn up.

The West Hollywood Estate Lawyers at Kushner Legal can assist in drafting an Advanced Health Care Directive as well as other documents related to wills, estate planning, and litigation. Schedule a complimentary consultation at 310-279-5166 or info@kushnerlegal.com.

About The Kushner Legal team
The Kushner Legal team in California was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit https://kushnerlegal.com/ or call 310-279-5166.

Kushner Law Group
Lars Kushner
Phone 310-279-5166
Company website: https://kushnerlegal.com/
433 N. Camden Drive, 4th Floor, Beverly Hills, CA 90210