In Piedmont, California a living will, also identified 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 necessary 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 significant 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 significant 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.).
If a person's preferences aren't known by his or her family, they might have to make an educated guess. Of course, with limited information, it's entirely possible for 2 family members to come to two entirely different conclusions, with no way of knowing which one is correct. Making your wishes known in advance can help you avoid all this.
How to Create A Living Will in Piedmont, California
First of all, you should speak with your spouse/life partner and members of your immediate family, to discuss your wishes in this matter. If the directives in your living will ever become necessary, the process will go much smoother for your loved ones if there are as few surprises as possible.
The next step in the process is to truly write the living will. While you might be able to draft a valid living will by yourself, to ensure that no problems come up after it's too late, you should pursue the counsel of a Piedmont, California attorney who drafts wills.
In most states, a living will must follow all the procedures as testamentary wills (wills that dictate what is to be done with a person's property after their death).
While these procedures 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 critical 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 Piedmont, California Living Will Attorney?
While not always necessary, a knowledgeable healthcare or wills attorney in Piedmont, 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.