In Palm Springs, California a living will, also recognized as a "healthcare directive" is a document which lays out instructions for your family and your doctor concerning 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 disputes among family members. If your family has no clue as to how you would want a given 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 instance, some people would not want to be kept on life support if they are terminally ill, and have no reasonable chance at recovery. Others might want to be kept alive as long as medically allowed. If your family doesn't know what you would prefer, they might have to guess. Obviously, this can lead to severe disagreements, considering 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 arguments 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 avoided.
How to Create A Living Will in Palm Springs, California
Before starting the process, you should make your wishes extremely clear to your family. If your family is aware of your wishes well in advance, it will probably be much easier for them to accept the provisions in your living will, even if they don't agree with them.
You then need to actually draft your living will. This can be made much easier if you have an accomplished Palm Springs, California attorney who practices health law or wills and trusts help you. Even though a simple living will is not terribly convoluted, having professional assistance is always advisable.
Typically, 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 protocols vary by state, there are a few elements that are quite common. For instance, in most states, wills have to be witnessed and signed by at least 2 people who have no direct stake 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 Palm Springs, California Living Will Attorney?
While not always necessary, a brilliant healthcare or wills attorney in Palm Springs, California can make this process much easier. Lawyers, obviously, understand the law. Because of this, it is much easier for them to avoid the legal pitfalls that can make a living will unenforceable.