Many married couples assume their spouse will automatically be allowed to make medical decisions if something goes wrong. While that may seem like common sense, the reality isn’t always that simple. Hospitals and healthcare providers often need more than just a marriage certificate when determining who can speak for an incapacitated patient.
An advance healthcare directive gives clear legal authority to make those decisions. Without it, your spouse may face delays or even challenges from other family members. Having a directive in place helps ensure your wishes are respected when it matters most.
What an Advance Healthcare Directive Does
An advance healthcare directive is a legal document that serves two main purposes:
- It names someone to make medical decisions on your behalf if you’re unable to do so.
- It outlines your preferences for treatment, life support, and end-of-life care.
In California, this document lets you decide in advance who should make medical decisions for you and what types of care you would or wouldn’t want. It removes uncertainty, provides guidance to your doctors, and gives your loved ones confidence that they’re honoring your wishes.
“My Spouse Will Handle It”—A Risky Assumption
A common belief is: “If something happens, my spouse will take care of it.” In some cases, that’s true, but not always. California law gives spouses certain rights, but healthcare providers often hesitate to rely on verbal claims or assumptions, especially in high-stakes situations.
Hospitals may still require written authorization. And if there’s disagreement among family members, or if your spouse can’t be reached, doctors might delay treatment until a court steps in or a clearer decision-maker is found. An advance directive prevents this uncertainty by putting everything in writing.
When Things Get Complicated
Even close families can run into issues during medical emergencies. A few situations where problems often arise:
- Your spouse isn’t immediately available, and doctors need decisions quickly.
- You’re part of a blended family, and adult children or former spouses question your current spouse’s authority.
- There’s disagreement among relatives about what care you would have wanted.
When emotions run high, an advance directive removes guesswork. It tells everyone, from doctors to loved ones, who is in charge and what you’ve decided in advance. That kind of clarity can bring comfort at a time when confusion and tension often take over.
Why Married Couples Still Benefit from Directives
Even in strong, trusting marriages, an advance directive is a gift to your spouse. It gives them something to lean on if a medical crisis arises.
Here’s what it can do:
- Make medical decisions easier: Your spouse won’t be left wondering what you would have wanted.
- Avoid legal delays: Hospitals can act faster when they have proper documentation.
- Reduce emotional strain: When you’re under pressure, having your loved one’s wishes in writing can ease the burden of choice.
It also allows you to appoint a backup agent in case your spouse is unable or unwilling to act when the time comes.
What Happens Without One in California
If you don’t have an advance directive, California law has a default decision-making structure, but it’s not always a good fit. Healthcare providers may turn to your spouse, but they might also involve adult children, parents, or others, depending on who is available. In some cases, a court may need to step in and appoint a conservator.
This process can delay care and lead to conflict. A directive keeps the decision-making with the person you trust most.
How to Set One Up and Keep It Current
Creating an advance healthcare directive in California is straightforward with the right guidance. You’ll choose someone to serve as your healthcare agent and state your preferences about treatments, life support, organ donation, and more.
Keep your directive somewhere accessible, and give copies to your agent, your doctor, and any close family members. Review it every few years or after major life changes like divorce, a new diagnosis, or the death of a loved one. Keeping it current means your wishes are always clear.
Marriage Matters, But So Does Planning Ahead
Being married gives your spouse a central role in your life, but not automatic authority in every medical situation. An advance healthcare directive ensures your voice is heard even when you can’t speak for yourself. It protects your choices, supports your loved ones, and brings peace of mind.
If you’re ready to put a plan in place, OC Wills & Trust Attorneys can help. Contact us today, and let’s make sure your wishes are clearly understood and legally protected.
