In San Juan Capistrano, 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 San Juan Capistrano, California
Before starting the process, you should make your wishes quite 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 should then go about drafting the will. This should almost always be done with the help of a San Juan Capistrano, California attorney who specializes in these matters.
In order to be given effect, specific formalities have to be followed when drafting a living will. Typically, the requirements are identical, or very similar to, the requirements for regular wills.
While these requirements are not identical between individual states, there are some common similarities. For example, both testamentary and living wills typically need to be witnessed and signed by 2 people who have no direct interest in your will.
Do I Need A San Juan Capistrano, California Living Will Attorney?
The help of a knowledgeable San Juan Capistrano, California attorney is never a bad idea, even if it's not absolutely necessary. There are typically 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.