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California Living Wills

Health Care Directives

A Living Will allows you to make end of life decisions.  In California Living Wills are now typically called Advance Health Care Directives as defined in the Health Care Decisions Law.  A Health Care Directive has a broader definition than a Living Will including the ability to to appoint a person to enforce your health care wishes in CA.  You can use LegacyWriter's online forms to create a valid and legal California Advance Health Care Directive (Living Will).

California Requirements

To create a Living Will in California the following criteria should be met:

  • Person is at least 18 (or is an emancipated minor).
  • Person is of sound mind.
  • Person is acting of his or her free will.

Agent

A California Advance Directive allows you to appoint a health care "agent".  If you choose to appoint a agent, he or she will be able to make health care decisions for you in the event you become incompetent or incapable of communication.  You may also appoint alternate agents in case your primary agent is unwilling or unable to make decisions for you.

In the event you have not executed an Advanced Directive, are terminally ill, and unable to communicate, decisions regarding your health care can be made by a surrogate (assuming you haven't named an Agent in a Health Care Power of Attorney). California law does not specify who should be named this surrogate. If you have family members that might disagree with what treatment you should receive, this may cause you to receive care you would not have wanted.

Related LegacyWriter Information

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