ARTICLE
21 November 2025

Why Your Health Insurance's Advance Health Care Directive Isn't Enough

TLD Law

Contributor

AT TLD Law we are experienced in corporate matters from formation to succession planning to the litigation of business related disputes. We solve employment problems and assist with preventative strategies such as training and preparing handbooks.

With a proven track record of success across a wide range of legal matters, TLD Law’s attorneys provide strategic advocacy for businesses and individuals in their most important matters.

Many people believe they've already taken care of their medical directive simply because they've completed one through their health insurer—often Kaiser Permanente here in California.
United States Family and Matrimonial

Many people believe they've already taken care of their medical directive simply because they've completed one through their health insurer—often Kaiser Permanente here in California. While that's a good start, it's not the full solution you might think it is.

Your advance health care directive (AHCD) with Kaiser is tied to that healthcare system. Unfortunately, there are several important limitations you should understand:

  1. You may not always be treated at Kaiser.
    Medical emergencies don't always happen within the Kaiser network. If you are admitted to another hospital or treated by a different provider, your Kaiser AHCD may not be easily accessible or recognized.
  2. It may not be available when needed for end-of-life or post-death decisions.
    When it comes time to make critical decisions—such as disposition of remains—your Kaiser directive may not be retrievable by family members or decision-makers.
  3. Your decision-makers may not have instant access.
    In moments of crisis, your healthcare agent or loved ones need quick access to your directive. A document stored within an insurer's database is rarely accessible on demand.

At TLD Law, we often explain that while it's wise to have an AHCD on file with your healthcare provider, it should also be part of your broader estate planning portfolio. A standalone directive—drafted as part of your estate plan—ensures your wishes are clear, portable, and easily located when needed most.

You don't have to choose one or the other. In fact, you can have both: a Kaiser directive and an estate plan directive. They can include identical agents and medical instructions, and your estate planning directive can specifically state that neither document revokes the other. This dual approach allows them to coexist, ensuring you're protected across all settings.

Your advance health care directive should work for you—no matter where you are or who is providing care. Keeping it as part of your estate planning documents is the best way to make sure it does.

Originally published October 07, 2025

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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