what is a ”living will”?
A living will usually refers to a document prepared to give instructions for treatment if you have an irreversible medical condition from which you cannot recover. Generally a person would prepare such a document when they want to be sure they are not kept on life support for a prolonged period of time. There is a newer form used in California now called a “Health Care Directive” which you can complete and give to your doctor or hospital if you are admitted. I use the California Medical Association form (which you should be able to get from their website) and it allows you to make your wishes known should you become incapacitated, nominate an agent to act on your behalf, provide for organ donations, etc. I recommend that all of my clients complete such a form and give a copy both to their doctor and the person or persons nominated to act on their behalf.
McCormick, Kidman & Behrens
650 Town Center Dr., Suite 100
Costa Mesa, CA 92626
A living will has to do with health care, and has nothing to do with the disposition of your estate. For that, you need a will or a living trust.
Koenen & Tokunaga, P.C.
5776 Stoneridge Mall Rd., Suite 350
Pleasanton, CA 94588
Basically, a living will is a document which you execute when you were alive which is intended to be used if you are irrevocably ill. It is used in two ways. It gives eight power to someone other than yourself if you cannot direct your own power to medicate you or not to medicate you. I euphemistically collect a fee “pull the plug document”. It tells the doctors in a form which they are familiar with what you want and who has the right to direct if you are unable I and death situation. The American Medical Association has its own document, the California medical Association as a document, and usually attorney’s use those preprinted forms and fill them in. Those are understood and recognized by doctors and are therefore the most popular. They do not in any manner whatsoever deal with property, real or personal. They don’t deal with money or stocks or bonds or the disposition of any of that. That is done through wills and trusts. The reason this is called a living will is it talks about the persons will to live.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Law Offices of Michael A. Olden
1035 Alta Mesa Drive
Moraga, CA 94556
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