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A: Marriage does not automatically allow the healthy spouse to make health care decisions for the other, incapacitated spouse, absent written authority granting such rights. California uses a document known as the advance health care directive to create these rights.
Typically, your proxy will make treatment decisions whenever you are incapacitated and unable to communicate due to a temporary or permanent illness or injury. A doctor may have to certify that you are incapacitated before your proxy starts making decisions for you.
All competent adults, 18 years of age or older, can appoint a health care agent by signing a form called a Health Care Proxy. You don't need a lawyer or a notary, just two adult witnesses.
The Health Care Proxy Law allows you to sign a health care proxy and name your health care agent. This simple form also allows you to include other wishes and instructions, including whether you want to be an organ, eye or tissue donor.