In Tiburon, 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.).
Also, individual family members may not agree on what the patient would have wanted. Disagreements 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 Tiburon, California
Before taking any steps to formulate 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 likely 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 Tiburon, California attorney who drafts wills.
In order to be given effect, certain formalities have to be followed when drafting a living will. Usually, the requirements are identical, or very similar to, the requirements for regular wills.
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 Tiburon, California Living Will Attorney?
The assistance of a reputable Tiburon, 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.