How to Prepare a Living Will in California

Insure that your medical wishes are met by creating a living will.

In life, there are decisions that need to be made about your current and future health, with one of those decisions being your wish to live or die under certain conditions. In many states, a living will may only state your desire not to receive life support if you are in a coma or terminally ill. In California, a living will, or Advance Health Care Directive, allows you to legally state your wishes regarding future life sustaining treatments in any situations where you are unable to make your own decisions or appoint a health agent to act on your behalf. The Advanced Health Care Directive Kit can be obtained from the California Medical Association and is the legal format for a living will in the state of California.

Things You'll Need

• Advanced health care directive kit

Instructions

1. Inform your physician. Because your health care provider will likely be the one caring for you if a living will comes into play, discuss with him any concerns that you may have about life sustaining treatments. Your doctor has insights that may prove helpful in your decision making process.

2. Discuss your wishes with family. Because your living will takes affect under moments of crisis, discuss your plans with your family before any potential emergency. If you are planning to appoint someone as your health agent this is the time to make them aware of your wishes as they will play an active role in the fulfillment of your wishes.

3. Fill in whether or not you want a health agent to act in your stead. When filling out your form, you will have the option to appoint a health agent to speak on your behalf in the event that you are unable to do so. If you wish to have an agent, fill in that person's information and sign. If you decline this option, sign your name in the area stating your refusal.

4. Choose whether you want your life prolonged or if life support should be discontinued. Sign your name under your preference on receiving life support or not. You will also have the option to write down any additional desires that you have for emergency medical treatment. If you require more space than is allotted, document how many additional pages you have added to the directive and sign and date each page.

5. Complete the organ donor portion of the form and sign. Once you have completed filling out the form, sign your name before two witnesses or a notary public. Your witnesses will need to sign that they bore witness or if using the notary public, he can then notarize your form.

6. Make copies and distribute. Once you have completed the form, make copies for yourself and family member that you feel should have a copy. Give your health care provider a form to keep in your medical records. Keep your copy in a place that is easily found in the event of an emergency.

Tips & Warnings

• Seek the advice of an attorney if you have any questions. While it is not necessary to have an attorney present when filling out a living will, seeking out the advice of one will answer any legal questions or concerns that you may have. An attorney can also ensure that your wishes are written in a clear and accurate manner that will not interfere with their fulfillment.

• If you choose witnesses over a notary, they cannot be: your appointed health agent, your health care provider or his employees or the employees or operator of an elderly care facility. Only one of the witnesses may be related by blood, marriage or adoption and must not be someone who would benefit from your death.

References

• California Medical Association
• Advanced Health Care Directives and Living Wills

Resources

• Coalition for Compassionate Care of California