In Temecula, California a living will, also known 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 crucial 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 serious 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 serious 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.).
Also, individual family members may not agree on what the patient would have wanted. Disputes on this subject can be profound, and can cause irreversible damage to family relationships. But if the patient's wishes are made clear in advance, these fights can usually be avoided.
How to Create A Living Will in Temecula, California
Before taking any steps to establish a living will, you should make your wishes known to your family. While it's ultimately your decision (and your family will probably recognize that), they will probably appreciate having their opinions heard. Also, implementing a living will can be much easier if the family already knows what it says, with the document simply making it legally-binding.
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 Temecula, 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 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 Temecula, California Living Will Attorney?
While it's not strictly required, it can be very helpful to have the counsel of an experienced Temecula, California attorney. A good lawyer will help you navigate the local laws on this subject, making it much easier for your wishes to be implemented.