Planning for a medical emergency isn’t something most of us want to think about, but for LGBTQ+ individuals and families, it’s especially important. When something unexpected happens, you want to be sure that the person making decisions on your behalf truly understands and respects your wishes. A healthcare directive gives you control over your medical care, even when you’re unable to speak for yourself.
What a Healthcare Directive Does
A healthcare directive, formally called an Advance Health Care Directive in California, is a legal document that lets you do two things:
- Appoint someone you trust to make healthcare decisions on your behalf
- Provide written instructions about the type of care you want to receive
This becomes active if you’re seriously ill, unconscious, or otherwise unable to make or communicate medical choices. It covers everything from short-term treatment preferences to end-of-life care. Without it, doctors may be required to follow state default rules that might not reflect your values or chosen family structure.
Why It Matters for LGBTQ+ Families
If you’re in a same-sex relationship or part of a nontraditional family, the default laws in California might not protect the people closest to you. Even here, misunderstandings still happen, especially during emergencies when decisions are made quickly.
Without a healthcare directive:
- A long-term partner may be excluded from medical decisions
- Biological relatives who don’t know your current wishes may take control
- A hospital might deny visitation rights if you’re not legally married
This can be deeply upsetting and even traumatic. A healthcare directive puts your wishes in writing and gives your chosen person the legal right to act on your behalf. It’s one of the strongest tools available to protect your autonomy and ensure that your voice is heard, no matter what your family structure looks like.
Choosing the Right Agent
Selecting a healthcare agent is one of the most personal decisions you’ll make. This person will speak for you when you can’t speak for yourself, so trust and communication are key.
We recommend choosing someone who:
- Understands your values and medical preferences
- Is willing to advocate for you, even in difficult moments
- Can stay calm under pressure and make decisions in real time
You don’t have to pick a relative. Many LGBTQ+ individuals name a partner, close friend, or someone from their chosen family. What matters is that you feel confident in their ability to carry out your wishes. We also recommend you name alternate agents in case your first choice is unavailable.
Documenting Your Medical Wishes
Appointing an agent is just the beginning. Your healthcare directive can also outline the type of medical care you want—or don’t want. Being clear helps your agent speak with authority and gives your medical team helpful guidance.
You might include preferences about:
- Life support and resuscitation
- Pain relief and comfort care
- Organ donation
- Religious or cultural beliefs related to treatment
LGBTQ+ individuals may also want to address specific concerns, such as gender-affirming care or who should be present in the hospital room. Writing these wishes down protects your dignity and ensures you’re treated the way you want.
Keeping Your Documents Updated and Accessible
Once your directive is signed, it’s essential to keep it current. Relationships evolve, medical views shift, and laws change. We encourage you to review the document every few years or sooner if something significant happens in your life.
Make sure to:
- Share copies with your healthcare agent and primary doctor
- Keep a copy in a safe but easy-to-access location
- Let your loved ones know where to find it in an emergency
At OC Wills & Trust Attorneys, we also keep digital and physical copies on file so your directive is never out of reach when it’s needed most.
How We Support LGBTQ+ Clients
We’ve worked with many LGBTQ+ individuals and couples throughout Orange County and Southern California. Whether you’re married, partnered, or building a chosen family, we’ll help you create a plan that fits your needs, not someone else’s expectations.
Our team offers:
- A welcoming, inclusive environment
- Clear explanations of your legal options
- Customized healthcare directives and complete estate plans
When you work with us, we’ll make sure your wishes are respected and your relationships are protected.
Start Planning Today
At OC Wills & Trust Attorneys, we believe everyone deserves a plan that reflects who they are and the people they love. If you’re part of the LGBTQ+ community and want to make sure your medical wishes are honored, we’re here to guide you. Contact us today to establish your healthcare directive and safeguard your voice, regardless of what the future holds.
