Homepage Attorney-Approved Living Will Document Free Living Will Template for the State of California

Form Breakdown

Fact Name Description
Definition A California Living Will is a legal document that outlines a person's preferences for medical treatment in case they become unable to communicate their wishes.
Governing Law The California Living Will is governed by the California Probate Code, specifically Sections 4600-4806.
Purpose This document is intended to guide healthcare providers and family members in making decisions about life-sustaining treatments.
Durability A Living Will remains effective until it is revoked or the individual passes away.
Eligibility Any adult who is of sound mind can create a Living Will in California.
Witness Requirement The document must be signed by the individual and witnessed by at least two adults who are not related to the individual.
Revocation A Living Will can be revoked at any time by the individual, either verbally or in writing.
Healthcare Proxy While a Living Will specifies treatment preferences, it does not appoint a healthcare proxy. A separate document is needed for that.
Emergency Situations In emergencies, medical personnel will refer to the Living Will to determine the individual's treatment preferences.
Legal Assistance While it's possible to create a Living Will without legal help, consulting an attorney can ensure that it meets all legal requirements and accurately reflects wishes.

Sample - California Living Will Form

California Living Will Template

This Living Will is created according to California state laws regarding healthcare decisions. This document allows you to outline your preferences for medical treatment in case you become unable to communicate your wishes.

Personal Information

Please fill out the information below:

  • Full Name: ___________________________________
  • Date of Birth: ________________________________
  • Address: ____________________________________
  • City, State, Zip Code: _______________________
  • Phone Number: _______________________________

Healthcare Preferences

In this section, please indicate your wishes regarding medical treatment:

  1. If I have an incurable or terminal condition:
  2. For life-sustaining treatments:
  3. For pain relief and comfort measures:

Provide any specific instructions or preferences below:

____________________________________________________

____________________________________________________

Appointment of Healthcare Agent

If you wish to appoint a healthcare agent, please provide the following information:

  • Agent's Full Name: _____________________________
  • Relationship to You: ___________________________
  • Address: _____________________________________
  • Phone Number: ________________________________

Signature

By signing below, I affirm that I am of sound mind and understand the contents of this Living Will.

Signature: _____________________________

Date: _________________________________

Witnesses:

  • Witness 1: _________________________________
  • Witness 2: _________________________________

Note: It is advisable to consult with a legal professional to ensure your Living Will meets all necessary legal requirements in California.

Common mistakes

Creating a Living Will in California is an essential step for anyone wanting to ensure their healthcare wishes are honored. However, many individuals make common mistakes that can lead to confusion or even legal complications. Here are ten mistakes to avoid when filling out the California Living Will form.

First, many people fail to clearly define their medical preferences. A Living Will should specify what types of medical treatments and interventions one does or does not want. Vague language can create uncertainty for healthcare providers and loved ones. Being specific helps ensure that your wishes are understood and respected.

Another frequent error is neglecting to sign and date the document. Without a signature, the Living Will may not be considered valid. It’s crucial to complete this step to avoid any challenges regarding the authenticity of the document.

Some individuals overlook the importance of witnesses. California law requires that the Living Will be signed in the presence of at least one witness, who is not a family member or someone who stands to inherit from the individual. Failing to have the appropriate witnesses can invalidate the document.

People often forget to update their Living Will as their circumstances change. Life events such as marriage, divorce, or the diagnosis of a serious illness can affect one’s healthcare preferences. Regularly reviewing and updating the document ensures that it reflects current wishes.

Misunderstanding the difference between a Living Will and a Durable Power of Attorney for Healthcare is another common mistake. A Living Will outlines specific medical treatment preferences, while a Durable Power of Attorney allows someone to make healthcare decisions on your behalf. Both documents serve different purposes and should be used together for comprehensive planning.

Some individuals do not communicate their wishes to family members or healthcare proxies. It’s not enough to fill out the form; discussing your preferences with loved ones ensures they understand your desires. This conversation can prevent potential conflicts during difficult times.

Another mistake is failing to consider the implications of the choices made in the Living Will. For example, opting for “no resuscitation” can lead to significant emotional distress for family members. Understanding the emotional weight of these decisions is crucial for both the individual and their loved ones.

In some cases, people mistakenly think that a Living Will can cover all aspects of their healthcare. However, it primarily addresses end-of-life decisions. Other healthcare decisions may require separate documentation or discussions with healthcare providers.

Additionally, individuals sometimes choose not to consult legal or healthcare professionals when drafting their Living Will. Professional guidance can provide clarity and ensure that the document adheres to California laws, reducing the risk of errors.

Lastly, many forget to keep copies of their Living Will in accessible places. It’s important to provide copies to healthcare providers, family members, and anyone designated as a healthcare proxy. This ensures that your wishes can be honored when the time comes.

By avoiding these common mistakes, individuals can create a Living Will that truly reflects their healthcare wishes and provides peace of mind for themselves and their loved ones.