In Milpitas, California a living will, also recognized 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 essential 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 severe disagreements. If family members know in advance what the patient wants, these disputes are far less likely.
For example, some people would not want to be kept on life support if they are terminally ill, and have no good chance at recovery. Others might want to be kept alive as long as medically feasible. If your family doesn't know what you would prefer, they might have to guess. Obviously, this can lead to severe disagreements, contemplating how emotional and final this decision is- there is no way to compromise between the two positions (a person can be kept on life support, or taken off of it; there isn't really any middle ground.).
This can lead to disagreements between loved ones, some of whom might want to keep the patient on life support, while others believe that he or she would not want to be kept alive in such a state. If the patient's wishes had been made clear beforehand in a legally-binding document, such infighting could be prevented.
How to Create A Living Will in Milpitas, California
Before taking any steps to create a living will, you should make your wishes known to your family. While it's ultimately your decision (and your family will probably recognize that), they will likely appreciate having their opinions heard. Furthermore, implementing a living will can be much easier if the family already knows what it says, with the document simply making it legally-binding.
You then need to actually draft your living will. This can be made much easier if you have an accomplished Milpitas, California attorney who practices health law or wills and trusts help you. Even though a simple living will is not terribly difficult, having professional assistance is always advisable.
In most states, a living will must follow all the protocols as testamentary wills (wills that dictate what is to be done with a person's property after their death).
While these protocols 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 Milpitas, California Living Will Attorney?
The assistance of a seasoned Milpitas, California attorney is never a bad idea, even if it's not absolutely necessary. There are normally nuances in state and local law on this subject which laypersons will not be aware of, but with which an attorney will be intimately familiar.