In Vista, 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 Vista, California
Before you begin, you should make it very clear to your family members what your wishes on this subject are. If it ever becomes necessary to implement a living will, the process will likely be simpler if your family already understands what to expect.
You should then actually draft the will. To be sure that it is valid, you should have the assistance of a Vista, California attorney who specializes in 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).
These formalities vary from state to state, but wills usually have to be witnessed and signed by at least two people who do not have a direct interest in the matter. Also, they should contain a clear statement indicating that the document is, in fact, a living will.
Do I Need A Vista, California Living Will Attorney?
While not always necessary, a reputable healthcare or wills attorney in Vista, California can make this process much easier. Lawyers, obviously, understand the law. Because of this, it is much easier for them to prevent the legal pitfalls that can make a living will unenforceable.