In San Clemente, 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.).
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 completely possible for 2 family members to come to two completely different conclusions, with no way of knowing which one is correct. Making your wishes known in advance can help you prevent all this.
How to Create A Living Will in San Clemente, California
Before initiating the process, you should make your wishes extremely clear to your family. If your family is cognizant 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 should then go about drafting the will. This should almost always be done with the advice of a San Clemente, California attorney who specializes in these matters.
Living wills generally have to follow the same formalities as regular wills (the ones that distribute 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 necessary 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 San Clemente, California Living Will Attorney?
While it's not strictly obligated, it can be very helpful to have the counsel of an accomplished San Clemente, California attorney. A seasoned lawyer will help you navigate the local laws on this subject, making it much easier for your wishes to be implemented.