Do I Need a Living Will?

 

What is a Living Will?

Despite its name, a living will is entirely different from a will that designates the distribution of your assets after your death. Instead, a living will is a legal document that states the type of medical treatment you would like healthcare professionals to follow if you are unable to express these wishes yourself either because you are terminally ill or permanently unconscious. A living will states the types of medical treatments that can and cannot be used on you. Living wills typically cover issues such as artificial life support, resuscitation, organ donation and tube feeding.

It is important to note that laws and appropriate forms about living wills vary from state to state. In California, advance health care directives and durable powers of attorney for healthcare constitute a living will.

Why do I need a Living Will?

Deciding on medical treatment and health related issues is an extremely personal decision that every individual has the right to make on his or her own. Making sure your medical wishes are carried out in the unfortunate circumstance that you are unable to verbalize your decisions is very important. It is imperative for all adults and not just the elderly to have a living will because unexpected illnesses or accidents can happen at any time regardless of your age. In order to ensure that your wishes will be carried out, it is necessary that you create a living will. Once you have a living will, you can rest assure that your decisions will be granted. In addition, knowing that you have a living will takes the potential burden of decision making off your loved ones because you had planned ahead.

What are the main components of a Living Will?

A living will in California is called an advanced health care directive. This legal document can both state your medical wishes if at any point you are unable to verbalize them for yourself and records the name of the individual you appoint to be your attorney-in-fact. An attorney-in-fact has the right to legally make healthcare decisions for you if you cannot.

Living wills can contain a variety of choices as to the treatments or withholding of treatments you would like if you become unable to communicate them yourself. More specifically, your living will states your desires regarding the provision, withholding or withdrawal of treatment to keep you alive as well as your provisions about painkillers. If you so choose, your living will can be as specific as stating whether or not you would or would not want the following treatments, under what conditions and for how long you would like the treatments. Possible treatments in your living will may include: dialysis, CPR, mechanical ventilation, nutritional and hydration assistance and resuscitation.

Your living will states whether or not you wish to donate your organs, tissues or other parts of your body. If you choose to donate anything you have the option of picking the purpose(s) of your donation: transplant, therapy, research or education.

Finally, your living will allows you to designate a primary physician that will have responsibility for your healthcare.

What is Durable Powers of Attorney?

Under California state laws you are able to appoint an individual, called at attorney-in-fact, to make healthcare decisions for you if you are unable to do so. Given the case that you cannot make your own health decisions, having an attorney-in-fact offers doctors and family members the correct individual to turn to so that your wishes are correctly carried out.

Choosing who will make your healthcare decisions is very important. Remember they will only make decisions for you if you cannot. You do not have to choose a family member and you also do not have to choose the same person that will be responsible for your financial decisions. When selecting your attorney-in-fact it should be someone who is very close to you and who is aware of your personal beliefs and wishes. It is extremely necessary that you ask this individual prior to finalizing them as your attorney-in-fact if they are comfortable making health related decisions for you. Once they agree, make sure you talk about a variety of situations and what you would and would not like to be done to you regarding your health; the more information they know about your beliefs and values, the more accurate your wishes will be granted.

Please note that you can also pick an alternative attorney-in-fact in the event that your first choice becomes unable or unwilling to make healthcare decisions for you.

Do I need a lawyer present to write my Living Will?

Living wills are generally straightforward therefore you do not need a lawyer to assist you. However, in the event that you have atypical or extensive instructions that go beyond the general format of a living will you may want to consider hiring a lawyer. Although you do not need a lawyer, you might want to consult your doctor if you have any questions regarding possible medical treatments.

How to write a Living Will for FREE

When writing your living will the first thing you should do is sit down and think about your values and beliefs. Think carefully about possible health related situations and what you would and would not want done to try to keep you alive. You may also want to consider whether or not you would like to be an organ, tissue or parts donor. After you have decided on your medical decisions it is time to choose an individual that will be your attorney-in-fact. You should also note that your living will must be notarized or be signed by two witnesses in order to be valid.

You can easily print a free living will form valid in the state of California on the Legal Onion Website. Just click on the “California Advance Health Care Directive” link. At Legal Onion we offer free printable living will forms to make the process as easy as possible for you. Our free printable will is allows you to answer a few questions regarding your medical wishes by simply filling in a few blank spaces. You also can appoint your attorney-in-fact and alternative with just a few simple steps. Legal Onion makes writing your living will a simple, quick and easy process.

After you have completed your living will it is important to revisit it. Your personal values and beliefs may change over time and you may want to consequently alter your living will or choose a new individual for your attorney-in-fact. In this case you will have to recreate your living will.

What to do with your completed Living Will

Once your living will is filled out you should keep the original in a safe place. Make copies of your living will and give one to the individual you appointed as your attorney-in-fact as well as to your appointed alternative. You might also want to give your primary doctor, other family members or anyone else who would be contacted incase you were in a medical emergency. It is also very helpful to speak with your attorney-in-fact and family members about your final healthcare wishes as the more they know, the easier they can make decisions for you.

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