In San Leandro, California a living will, also known 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 crucial 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 serious 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 serious 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 totally possible for 2 family members to come to two totally 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 Leandro, California
Before initiating the process, you should make your wishes very 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.
The next step in the process is to actually 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 seek the counsel of a San Leandro, California attorney who drafts wills.
Generally, 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 formalities 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 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 San Leandro, California Living Will Attorney?
The assistance of a reputable San Leandro, California attorney is never a bad idea, even if it's not absolutely necessary. There are usually 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.