In Monterey County, 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 permitted. 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 conflicts 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 Monterey County, California
Before taking any steps to formulate 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.
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 a qualified attorney in Monterey County, California who is experienced in drafting documents like this.
Living wills typically have to follow the same formalities as regular wills (the ones that distribute a person's property after their death).
In general, wills of any type (testamentary or living) have to be signed by 2 people who witnessed it being signed by the person who the will is for. They must also contain a clear provision saying what they really are (so there can be no confusion as to whether or not a certain document was intended to be a will).
Do I Need A Monterey County, California Living Will Attorney?
While not completely necessary, a seasoned estates attorney in Monterey County, California can be very helpful in drafting a living will. A lawyer will understand the intricacies of state and local law, and can craft a document around those laws, to ensure that your wishes are followed, to the extent permitted.