In Fairfax, California a living will, also known as a "healthcare directive" is a document which lays out directions for your family and your doctor regarding healthcare matters should you become so ill that you are unable to make or express such decisions.
A living will might prove crucial in heading off painful and time-consuming disagreements among family members. If your family has no clue as to how you would want a certain situation to be handled, it's up to them to guess. Obviously, this can lead to serious disagreements. If family members know in advance what the patient wants, these disputes are far less likely.
For example, many people would never want to be kept alive by artificial means if they are in a vegetative state with no chance of recovery. Some, on the other hand, might want to be kept alive indefinitely, because of the slight chance of a miraculous recovery. Obviously, this is a personal decision, and one choice is not "better" than the other. Nonetheless, there is no middle ground between the two. You likely want the peace of mind that comes with knowing that, if such a situation comes up, your wishes (whatever they are) will be honored.
Even worse, individual family members might not be able to agree about what your wishes would be. Disagreements on a subject like this can cut very deep, and cause irreparable harm to family relations. If the patient's wishes are made clear beforehand, these disagreements can be prevented most of the time.
How to Create A Living Will in Fairfax, California
Before you begin, you should make it very clear to your family members what your wishes on this subject are. If it ever becomes necessary to implement a living will, the process will likely be simpler if your family already understands what to expect.
Now comes the part where you actually draft the living will. The process is likely to go much more smoothly if you enlist the help of an accomplished attorney in Fairfax, California who is experienced in drafting documents like this.
Generally, living wills need to follow the same formalities as testamentary wills (wills that dictate how one's property is to be distributed after death).
While these formalities vary by state, there are a few elements that are quite typical. For example, in most states, wills have to be witnessed and signed by at least 2 people who have no direct share in it. It's also crucial to avoid any disputes or confusion as to whether or not a particular document was intended to be a will. A clear statement to that effect should be the first paragraph in any type of will.
Do I Need A Fairfax, California Living Will Attorney?
While it's not strictly obligated, it can be very helpful to have the counsel of an experienced Fairfax, California attorney. A reputable lawyer will help you navigate the local laws on this subject, making it much easier for your wishes to be implemented.