In my Health Care Advance Directive, can I specify that I want any doctor excluded from my care who would not be willing to follow my directive?

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In my Health Care Advance Directive, can I specify that I want any doctor excluded from my care who would not be willing to follow my directive?

I want to specify in my Advance Directive certain surgical procedures that I do not want performed on me under any circumstances while incapacitated after an accident, for instance. I found out that a doctor does not have to honor my instructions if he has “an objection of conscience” etc. However, “he may have an obligation to transfer me to another health care provider who will comply”. Can I specify in my Directive: “I do not want to receive care from any physician who will not honor my Advance Directive and the written instructions contained in it” and would that have to be honored?

Asked on September 20, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, in your medical power of attorney and the advance directive within the document you can specific that all health care practioners are to be excluded from treatment of you who will not honor the stated terms of your advance directive.

To further safeguard your wishes, make sure the person or persons who hold your power of attorney as to your assets and health care fully understand your wishes and are in a position of trust honor such. You should also have a face to face meeting with your treating physician about your wishes and desires as specifically stated in your health care directive and have an understanding that he or she will adhere to your wishes.


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