In Santa Clara, 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 Santa Clara, 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.
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 Santa Clara, California attorney who drafts wills.
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 Santa Clara, California Living Will Attorney?
While not strictly necessary, a knowledgeable estate-planning lawyer in Santa Clara, California can be extremely helpful in the process of drafting a living will. An attorney will understand the intricacies of local law, and will help you draft a document that, to the extent possible, will ensure that your wishes with respect to your own healthcare are followed.
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