Issues to Consider Before Creating a Living Will

A living will, also commonly known as an advance health care directive, is a legal document that lets you spell out your wishes for medical treatment if you can’t speak for yourself. It’s like leaving a roadmap for your loved ones and doctors to follow when it comes to your healthcare. 

The Importance of Planning Ahead

You might be thinking, “I’m healthy, why do I need this now?” Well, life can be unpredictable. Having a living will in place is like having a voice when you can’t use yours. It ensures your healthcare preferences are crystal clear and legally binding. This clarity can be a lifesaver for your family and healthcare providers, helping them make decisions that align with what you want. Plus, it takes a huge weight off your loved ones’ shoulders – they won’t have to guess what you would have wanted in a crisis.

The Legalities of Living Wills in California

In California, living wills are governed by state law, specifically under the California Probate Code. Here’s what you need to know:

• Who can create one? Any adult (18 or older) who’s of sound mind.
• What goes in it? You’ll need to identify yourself and outline your healthcare preferences, and you can appoint a healthcare agent if you want.
• How to make it official? You’ll need to sign it in front of two witnesses or have it notarized.

Choosing Your Healthcare Agent

One of the most important decisions you’ll make is choosing your healthcare agent. This person will be your medical decision-making proxy if you can’t communicate. It’s a big responsibility, so pick someone you trust completely – someone who really gets you and your values. Have a heart-to-heart with them about your wishes. Make sure they’re up for the task and comfortable advocating for your preferences, even in tough situations.

The Big Decisions: Medical Treatment Preferences

Now, let’s dive into the meat of your living will – your medical treatment preferences. This is where you’ll need to do some soul-searching and consider some pretty heavy scenarios:

• CPR: Do you want it if your heart stops?
• Ventilators: Under what circumstances would you be okay with being on a breathing machine?
• Feeding Tubes: What are your thoughts on artificial nutrition and hydration?

These aren’t easy questions, but addressing them now can provide invaluable guidance later. Your decisions should reflect your personal values and what quality of life means to you.

End-of-Life Care: Comfort and Dignity

While we’re on the topic of tough decisions, let’s talk about end-of-life care. Your living will is the place to express your preferences for things like hospice or palliative care. Do you want to focus on comfort rather than curative treatment in your final days? Would you prefer to be at home or in a healthcare facility? Spelling out these wishes can ensure you’re treated with the dignity and respect you deserve, right up to the end.

Faith and Ethics in Healthcare

For many people, religious or ethical beliefs play a big role in healthcare decisions. If that’s true for you, make sure your living will reflects these values. Maybe your faith has specific teachings about end-of-life care, or perhaps you have strong feelings about organ donation or participating in medical research. Whatever your beliefs, clearly outlining them in your directive helps ensure they’re respected.

Talking It Out: Family Discussions

Creating a living will isn’t just about paperwork – it’s about communication. Once you’ve made your decisions, sit down with your family and have an open, honest discussion about your choices. Explain your reasoning and listen to their thoughts. This conversation might be uncomfortable, but it’s incredibly important. It helps your loved ones understand and respect your wishes, potentially avoiding conflicts down the line.

Don’t forget to loop in your healthcare providers, too. Share your directive with them and discuss it during your appointments. The more your doctors understand about your preferences, the better they can honor them.

Crossing the T’s and Dotting the I’s: Legal Considerations

To make sure your living will stands up legally in California, you’ll need to follow some specific steps:

• Witnesses: Sign your directive in front of two competent adult witnesses. These can’t be your healthcare agent or anyone who stands to inherit from you.
• Notarization: While not required, getting your document notarized can add an extra layer of legal protection.
• Legal advice: Consider consulting with an attorney who specializes in healthcare directives. They can ensure you’ve covered all your bases and tailor the document to your specific situation.

Keeping It Current: Reviews and Updates

Life changes, and your healthcare preferences might too. It’s a good idea to review your living will regularly, especially after major life events like marriage, divorce, or a significant health diagnosis. If you do make changes, make sure to document them clearly and communicate the updates to your healthcare agent, family, and doctors.

Making It Accessible: Storage and Communication

A living will is only useful if people can find it when they need it. Keep copies in easily accessible places and give them to your healthcare agent, family members, and doctors. Consider digital storage options too – having an electronic copy can be a lifesaver in emergencies.

Protect Your Legacy with Our Proven California Estate Planning Lawyers

Are you considering living wills and advance healthcare directives in California? At Garmo & Garmo, LLP, our knowledgeable estate planning attorneys are ready to provide comprehensive legal support matching your unique needs. With over 100 years of combined legal experience, our team is well-versed in developing legally sound advance healthcare directives to ensure your healthcare preferences are respected even in challenging circumstances. 

Whether you wish to create or update a living will, appoint healthcare agents, or pursue complex estate planning strategies, our attorneys offer personalized solutions to safeguard your wishes and protect your family’s future. Call us today at 619-441-2500 or contact us online to schedule a free consultation and discover how our dedicated lawyers can assist you in planning for peace of mind.