Helping You Find the Best Path Forward
Living Wills & Advance Directives in Bakersfield
Healthcare Planning for Kern County Families, Built to Hold Up When It Matters
A medical crisis doesn’t announce itself. Without a documented advance health care directive, the people you trust most may have no legal authority to carry out your wishes, and a court could end up making decisions that should have been yours. At Divorced by Design, we draft living wills and advance health care directives for clients in Bakersfield and throughout Kern County, giving them a clear legal voice before one is ever needed.
California uses the term advance health care directive as the governing statutory label. It covers what many people call a living will along with the power of attorney for health care, all in one document. If you’ve been searching under either term, you’re in the right place. Any adult can create one, and there’s no reason to wait for a health scare to prompt it.
Our practice combines family law and estate planning under one roof. Clients going through divorce or remarriage can address healthcare planning alongside their settlement without switching firms. Attorney Garrett Rice brings prosecutorial experience and more than 40 trials to every matter, including documents drafted to withstand challenge if one ever arises.
Schedule a free consultation to start the process. Call us at (661) 760-2872 or reach out through our online contact form.
What a California Advance Health Care Directive Covers
California’s Health Care Decisions Act, codified under Probate Code Division 4.7, governs advance health care directives in the state. The document has two main components. The first is a written instructions section, often called a living will, where you document your preferences about life-sustaining treatment, mechanical ventilation, artificial nutrition, resuscitation, and comfort or palliative care. You can also address organ donation here.
The second component is a durable power of attorney for health care, which names a healthcare agent (sometimes called a healthcare proxy) to make medical decisions when you can’t. Your agent can interpret your wishes in situations the written instructions don’t specifically cover. The directive can also include a HIPAA authorization so your agent can access the medical records needed to make informed decisions on your behalf.
California doesn’t require you to use the statutory form at Probate Code Section 4701. An attorney can draft a customized directive that reflects your values more precisely. The document must be signed before two qualified witnesses or a notary public, and at least one witness can’t be related to you by blood, marriage, or adoption, or stand to inherit from your estate.
Choosing the Right Healthcare Agent
Your healthcare agent steps in when you lose capacity. That person can be a spouse, domestic partner, relative, or any trusted adult who understands your values and is prepared to carry out your documented wishes, even under pressure from other family members or medical providers.
This is where advance directive disputes most often arise: ambiguous wording, family disagreements about the agent’s decisions, or questions about whether the conditions for activation have been met. Precise drafting can reduce these risks. We pay close attention to language that is clear enough to guide decisions in real clinical situations, not just language that looks clean on paper.
Fitting an Advance Directive into Your Kern County Estate Plan
An advance health care directive addresses medical decisions. A financial power of attorney addresses monetary and legal decisions during incapacity. Both are typically needed for complete incapacity planning, and both work best when drafted together so they don’t conflict with each other or with your will and trust.
Without clear advance planning, a family may need to petition Kern County Superior Court for a conservatorship to obtain legal authority to act for an incapacitated person. That process takes time, costs money, and puts decisions in front of a judge that you could have resolved privately.
Divorce also affects existing estate documents. A directive drafted during a marriage may still name a former spouse as healthcare agent. We advise clients to review and update all estate documents when marital status changes. Because our practice covers family law, estate planning, and estate litigation, we can coordinate those updates in one place rather than sending you to separate firms.
Why Bakersfield Residents Choose Divorced by Design for Advance Directive Drafting
An advance health care directive isn’t a fill-in-the-blank form. It has to reflect your actual values, satisfy California’s execution requirements, and support your wishes if anyone ever questions it. Here’s what we bring to that work.
- Integrated family law and estate planning: Clients restructuring their lives after divorce can address healthcare planning without engaging a separate firm. Everything stays coordinated.
- Litigation-backed drafting: Attorney Garrett Rice’s background includes more than 40 trials and a prosecutorial career built on precise, challenge-ready work. That same attention to language carries into every document we draft.
- Kern County procedural knowledge: Estate planning documents don’t exist in a vacuum. We draft them with a clear understanding of how they operate in local courts if a dispute reaches Kern County Superior Court.
- Clear communication throughout: We explain each provision before you sign anything. You won’t leave our office uncertain about what your directive says or why a particular clause is written the way it is.
- Responsive, accessible service: We answer calls promptly and respond quickly to emails. Clients aren’t left waiting for answers during a process that already requires difficult thinking.
- Transparent fees: We’re upfront about costs from the first conversation, which matters for clients already managing the financial weight of a major life transition.
- Military-owned, disciplined approach: We operate as a military-owned business and apply the structure and consistency that comes with it to every client matter.
The Advance Directive Drafting Process
We start with a free consultation to understand your healthcare values, family situation, and any specific concerns about medical treatment. That conversation shapes a customized directive rather than a form pulled from a template. After we draft the document, we review every provision with you so the final version reflects exactly what you intend.
Execution & Distribution
Under California Probate Code Division 4.7, execution requires signing before two qualified witnesses or a notary public. We walk you through those requirements so nothing is missed and the document can be valid when you sign it. Once executed, you should provide signed copies to your primary care physician, any treating specialists, your named healthcare agent, and any healthcare facilities where you regularly receive care. We guide you through that distribution step as well.
Keeping Your Directive Current
Your directive can be revoked or updated at any time while you have capacity. We recommend reviewing it after any major life change, including divorce, remarriage, or a significant shift in your health situation.
Start Your Advance Directive in Bakersfield
If you live in Bakersfield, Delano, or anywhere in Kern County and don’t yet have an advance health care directive, now is a good time to create one. Divorced by Design offers free consultations and straightforward guidance from start to finish. Call us at (661) 760-2872 or use our online contact form to get started.
-
Would recommend him 100x
“Mr. Rice went above and beyond for my parents. He answered all of our questions and made us feel very comfortable and at ease! Would recommend him 100x.”
- Chelsey Crump -
He’s a man of his word and he takes the worry out of this process
“I highly recommend Garrett Rice if you need a divorce attorney. Divorce can be chaotic and stressful but not with him. He’s a man of his word and he takes the worry out of this process. his office is very responsive and they are with you every step of the way! Garrett goes above and beyond!!!”
- Whitney Rainwater -
Garret represented my case with the utmost professionalism and care
“Garret represented my case with the utmost professionalism and care. I really felt that he provided a personal touch with his representation. I thoroughly believe that without his knowledge and litigation expertise, I would have had a different outcome in my case.”
- Nick Lidgett -
Whether you need your divorce handled with white gloves or a shark in the court Garrett is your man!
“Mr. Rice is an amazing lawyer not only was he efficient he listened to my needs and the needs of my children and executed them perfectly in court. He’s a no-nonsense lawyer with a proven track record. Whether you need your divorce handled with white gloves or a shark in the court Garrett is your man! I will definitely recommend him to any and everyone I know! I’ve had 2 other lawyers in Bakersfield and no one is even close to as good as him. He’s the smartest person in the room by far and doesn’t accept the games played in family court.”
- Justin Debrum -
Garrett is a very compassionate and understanding attorney
“Garrett is a very compassionate and understanding attorney. He is not in it for the money but only for the best interest of you and your family. He will not give you false hopes during the case. Garrett is always prepared for court, speaks very direct, dresses very nicely and is presentable for court, and is highly favored by the judges. Every time we went to court we received the results we wanted and he did all the talking. He defends you in and out of court when the other side wants to get out of line. I love that he gives his clients his direct number and you can contact him directly whenever. We are very seasoned with the attorneys here in Bakersfield, and 98% of them are money hungry, have no interest in your case (but they will fake it to get your money), and will continue your case for years which equals thousands of dollars you will never see again. So! If you are looking for an attorney who will get the job done and genuinely cares about you or are debating changing attorneys because they fall in that 98% category, GARRETT IS YOUR MAN! You’ll thank me later 😉”
- Camille Elijah
-
Family-CenteredOur team is here to shoulder the legal burden of your case so that you can focus on caring for your family.
-
Free ConsultationsWe understand you have questions, our firm provides free consultations to help get you started in the right direction.
-
Flexible SchedulesWe understand that dealing with a family law dispute is never easy. We want to help ease that burden by making ourselves available when you need us most.
-
Customized StrategiesOur attorneys will customize their strategy to you and your needs, helping you identify and pursue a positive resolution in your case.
Take the First Step With Our Firm
Call 661-760-2872 Or Fill Out the Form to Get Started With Your Consultation