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Health Care Directive

Areas of Practice:

Power of Attorney
Elder Law
Asset Protection
Estate Planning in San Jose
Health Care Directive

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There are very few people who have not heard of Schiavo case in Florida. How much money was wasted on attorneys? How much additional pain did this cause? The Congress and many courts were involved. And it was all avoidable! You simply designate another person (an “agent”) to make the end of life decision for you should you be terminally ill, in coma, in a vegetative or similar state.

This instrument also provides for your other needs, such as burial, anatomical gifts, autopsy, religious activities and similar. One of more important aspects is the independent living clause. While we all want to stay away from a nursing home if possible, sometimes it may be in our best interest to move into one. Often, if you’re living at home and are being attended to by a home care worker, attempts may be made to cause you to gift your property to these people. In your weakened state you may actually do so, without fully appreciating what you have done. Your rightful heirs, such as your children, may now be partially or completely disinherited. You can visualize the types of courtroom battles that this may cause. The Advance Health Care Directive gives your agent the right to transfer you into a nursing home and away from those who may be inclined to rob you and your rightful heirs.