California Natural Death Act Declaration
A California Natural Death Act Declaration is a legal document instructing medical personnel to withdraw or withhold lifesaving treatment under certain conditions. The California Natural Death Act was enacted in 1975 to provide individual citizens the right to dictate the conditions of their medical treatment should they become terminally ill or permanently unconscious. A copy of the declaration must be kept with the declarant's (the person making the declaration) patient's medical records.
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Age of Consent
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To draw up a California natural death act declaration, the declarant must be at least 18 years old, mentally competent and sign the declaration in the presence of two witnesses. If the declarant is unable to sign, the declaration may be signed by third party of the declarant's choosing.
Declaration Provisions
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For the declaration to be effective, the declarant's physician must be aware of its existence. If the physician is unwilling to comply with the terms of the declaration, the physician is obliged to inform the patient and refer the patient to a physician who is willing to comply with the terms of the document. The declaration also provides the physician immunity from prosecution resulting from the declarant's natural death.
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When it Goes into Effect.
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For the document to go into effect, the declarant must be diagnosed with a terminal illness and have the diagnosis certified in writing by two physicians. Additionally, the declarant must no longer able to make decisions concerning medical treatment. The declaration will not be honored if the declarant is pregnant.
Treatment Conditions
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While under medical supervision, the declarant will not be denied pain management medication, whether life-sustaining treatment has been suspended.
What it Doesn't Do
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The declaration does not permit physicians to engage in activities that are considered contrary to reasonable medical treatment; such as assisted suicide or euthanasia.
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