Printable California Living Will Form

What is a California Living Will?

A Living Will, known in California as an Advance Health Care Directive, is a legal document that lets individuals outline their preferences for medical treatment in case they become unable to communicate their wishes due to illness or incapacity. It can also appoint a health care agent to make decisions on their behalf.

Who should have a Living Will?

Anyone over the age of 18 should consider having a Living Will. It’s especially important for those with strong preferences about their health care or with chronic or terminal illnesses. However, it’s a valuable document for any adult to ensure their wishes are known and respected.

How does one create a Living Will in California?

In California, you can create a Living Will by filling out an Advance Health Care Directive form. This document should be completed carefully, clearly stating your health care preferences. It can be beneficial to discuss your decisions with a health care provider and a lawyer. Once completed, the form needs to be signed in the presence of two adult witnesses or a notary public.

Can a Living Will be changed or revoked?

Yes, a person can change or revoke their Living Will at any time. To make changes, one should complete a new Advance Health Care Directive form. To revoke it, one can either state the revocation in writing or verbally inform their health care provider. Destroying the document physically also counts as revocation.

Who can be named as a health care agent in California?

Any competent adult, typically a family member or close friend, can be named as a health care agent in California. It's important to choose someone who understands your wishes and is willing to advocate on your behalf. However, there are restrictions on who can be chosen, including your health care provider, unless they are also a family member.

Does a Living Will need to be notarized or witnessed in California?

A California Living Will does not need to be notarized. However, it must be signed in the presence of either two adult witnesses or a notary public. Witnesses must meet certain criteria—they cannot be related to you, entitled to any part of your estate, or directly involved in your health care.

What happens if I don’t have a Living Will?

If you become incapacitated without a Living Will in California, health care decisions will typically be made by your closest available relative, followed by a friend or the medical personnel treating you. Without your explicit instructions documented, these decisions may not reflect your wishes, highlighting the importance of having a Living Will.

Where should I keep my Living Will?

It's important to keep your Living Will in a safe but accessible place. You should inform your health care agent (if you have designated one) and family members of its location. Copies can also be given to your doctor and added to your medical records to ensure its directives are followed.

Filling out a California Living Will, officially known as an Advance Health Care Directive, is a responsible step toward ensuring your health care wishes are honored. However, common mistakes can compromise the document’s validity or its reflection of your true intentions. Awareness of these pitfalls can enhance the effectiveness of your living will.

One error is not being specific about your health care preferences. A Living Will is your voice when you can no longer communicate. Vague language can leave room for interpretation, potentially leading to actions contrary to what you would have wanted. It’s essential to be clear and detailed about your wishes concerning life-sustaining treatment, resuscitation, and pain management.

Another mistake is not updating the document. Life changes, such as new diagnoses, advances in medical technology, or shifts in personal beliefs, can affect your health care preferences. Regularly reviewing and updating your Living Will ensures it always reflects your current wishes.

Failure to discuss your wishes with your loved ones is also a common oversight. While it may be difficult, these conversations can ensure your family understands and respects your preferences, reducing the likelihood of disputes or confusion in stressful situations.

Choosing the wrong agent or not appointing an alternate is a significant error some people make. Your health care agent will make decisions for you when you cannot. It's crucial to choose someone who understands your values and is willing and able to act on your behalf. Not having an alternate can create complications if your primary agent is unavailable.

Not signing in the presence of the required witnesses or notary public can invalidate the document. California law has specific requirements about who must witness your Living Will. Ignoring these formalities can mean your wishes are not legally acknowledged.

Failing to distribute copies of the document to the right people is another mistake. Your physician, health care agent, and close family members should have copies. This ensures everyone involved in your care is informed about your wishes.

Some individuals incorrectly believe that a lawyer must draft the Living Will. While legal advice can be invaluable, especially for complex situations, California provides forms designed to make it possible for residents to create their own Living Wills without a lawyer's direct involvement. Not utilizing these resources can lead to unnecessary expenses and delays.

A final mistake is not making the document easily accessible. A Living Will locked in a safe deposit box or filed away in a location known only to you cannot guide medical professionals when needed. Informing your health care agent, family, and doctors about where to find the document ensures it can be quickly retrieved in an emergency.

When preparing a California Living Will, it’s important to consider other forms and documents that can complement and support the decisions laid out in your Living Will. These documents can provide further clarity, ensure that all aspects of your health care and personal affairs are covered, and offer peace of mind that your wishes will be followed. Below is a list of documents often used alongside the California Living Will.

• Durable Power of Attorney for Health Care: This document allows you to designate a health care proxy, someone you trust to make health decisions on your behalf if you can't make them yourself.
• Physician Orders for Life-Sustaining Treatment (POLST): It outlines a plan for end-of-life care, including the medical treatments and interventions you would or would not like to receive.
• Durable Financial Power of Attorney: This grants someone you trust the authority to handle your financial affairs if you become incapacitated.
• HIPAA Authorization Form: It allows designated individuals to access your medical records, facilitating the management of your health care among numerous providers.
• Organ Donor Form: Specifies your wishes regarding organ donation upon death and can be included in your Living Will or as a separate form.
• Funeral Directive: Guides your loved ones and estate executors on your preferences for your funeral arrangements and how you wish your remains to be handled.
• Revocable Living Trust: Helps manage your assets during your lifetime and allows for an easier transfer of those assets after your death, avoiding the lengthy and public process of probate.
• Last Will and Testament: Specifies how your assets are to be distributed upon your death and can appoint guardians for any minor children.
• Do Not Resuscitate (DNR) Order: A medical order indicating that you do not want CPR if your heart stops or if you stop breathing. This is separate from a Living Will but serves as an important directive to health care professionals.

Each of these documents plays a vital role in comprehensive health care and estate planning. Together with a California Living Will, they ensure your wishes are known and respected across different scenarios, from health care decisions to the distribution of your assets. It's advisable to consult with legal and health care professionals when preparing these documents to make sure they are correctly executed and reflective of your wishes.

• Last Will and Testament: Both a Living Will and a Last Will and Testament are forward-looking documents that specify wishes and instructions for the future. While a Living Will focuses on healthcare decisions and end-of-life care, a Last Will and Testament covers the distribution of property, care of minors, and financial matters after death. They are similar in that they both require clear communication about one's wishes and become active under specific circumstances—death for the Last Will and Testament, and incapacitation for the Living Will.

• Power of Attorney: A Living Will is similar to a Power of Attorney (POA) in that it delegates decision-making authority to another person. While a Living Will typically focuses on healthcare decisions, a POA can be broader, covering financial decisions, real estate transactions, and other personal matters. A Healthcare Power of Attorney is a specific type of POA that directly complements a Living Will by appointing someone to make healthcare decisions when the individual can't do so themselves.

• Advance Healthcare Directive: An Advance Healthcare Directive is closely related to a Living Will; in fact, they often serve the same purpose but go by different names depending on the jurisdiction. Both documents allow an individual to outline their preferences for medical treatment and life-sustaining measures in the event they are unable to communicate these wishes. An Advance Healthcare Directive may also include the appointment of a healthcare proxy, which is a role similar to that named in a Healthcare Power of Attorney.

• Durable Power of Attorney for Health Care: This document is similar to both a Living Will and a Healthcare Power of Attorney. A Durable Power of Attorney for Health Care appoints someone to make all healthcare decisions, including the refusal or request of treatment, when the individual is incapacitated. It combines elements of both a Living Will and a Power of Attorney, focusing on healthcare decisions and emphasizing the enduring nature of the appointment, which remains in effect even if the individual becomes unable to make decisions.

Filling out a California Living Will is an important step in ensuring your healthcare preferences are respected. Below are ten do's and don'ts to guide you through this process:

1. Read all instructions carefully before you begin filling out the form.

2. Use black or blue ink to ensure legibility and avoid any issues with scanning or photocopying.

3. Be specific about your healthcare preferences, including treatments you do want and those you wish to avoid.

4. Discuss your decisions with your healthcare provider to ensure your instructions are medically sound and can be followed.

5. Sign the form in the presence of two witnesses or a notary, per California law requirements.

6. Give copies to your healthcare agent, if you have one, your primary doctor, and a trusted family member or friend.

7. Review and update your Living Will periodically, as your health or preferences may change over time.

• Rush through the process without fully understanding the implications of your decisions.

• Use technical medical terms or language you’re not sure about; keep it clear and simple.

• Forget to date the document; it’s important to have a clear record of when your instructions were made.

When it comes to planning for the future, understanding the California Living Will form is crucial. Many people harbor misconceptions about what this document is and what it can do for them. Let's clear up some of these misunderstandings:

• It's the Same as a Last Will and Testament: A common mistake is thinking a Living Will and a Last Will are the same. The Living Will focuses on health care decisions, such as life support, if you’re unable to make those decisions yourself. A Last Will concerns the distribution of your property after your death.

• Only the Elderly Need One: Many believe that Living Wills are only for the elderly. However, unforeseen medical situations can arise at any age, making it prudent for adults of all ages to have a Living Will.

• It’s Too Complicated to Create: Some people are deterred by the belief that creating a Living Will is a complex legal process. In truth, California provides clear guidelines and forms to make the creation of a Living Will straightforward.

• A Lawyer Must Draft It: While legal advice can be beneficial, especially in complex situations, California residents can complete a Living Will without a lawyer’s assistance. Essential resources and forms are readily available.

• It Covers All Medical Decisions: A Living Will is crucial for making your wishes known about life-sustaining treatment. However, it does not cover all medical decisions or health care choices. A comprehensive estate plan often includes a Health Care Power of Attorney for broader decisions.

• Once It’s Written, It’s Permanent: People often think once a Living Will is created, it cannot be changed. The truth is, you have the right to revise your Living Will at any time as long as you are mentally competent to make these decisions.

Dispelling these myths about the California Living Will form is the first step toward taking control of your healthcare decisions and ensuring your wishes are respected, regardless of what the future holds.

The California Living Will, known formally as an Advance Health Care Directive, allows individuals to outline their preferences for medical care in the event they become unable to communicate their wishes directly. Understanding the following key takeaways ensures that this document accurately reflects one's healthcare preferences and is executed correctly.

• Complete accuracy is crucial: Ensure all information provided in the Living Will is accurate and complete. This includes personal identification details, healthcare preferences, and the designation of an agent, if one is chosen, to make healthcare decisions on the individual’s behalf.
• Document must be properly signed: In California, the Living Will must be either notarized or signed in the presence of two witnesses. The witnesses must meet certain criteria, such as not being the individual’s healthcare provider or a relative.
• Communicate with your healthcare agent: If appointing a healthcare agent, it is essential to discuss your healthcare preferences with them in detail. This ensures they are fully aware of your wishes and can act in accordance with those wishes should they need to make decisions on your behalf.
• Legally binding instructions: Instructions outlined in the Living Will are legally binding on healthcare providers once the document is properly completed and activated. This means that healthcare providers must follow the care preferences stated in the Living Will as long as those preferences comply with California law.
• Review and update regularly: Life circumstances and healthcare preferences can change. Regularly reviewing and, if necessary, updating your Living Will ensures that it always reflects your current wishes. Consider reviewing this document at least every few years or after a significant life event such as marriage, divorce, a major illness, or the birth of a child.