Legal Question in Wills and Trusts in California
Question about advanced health care directive (living will) in California:
I understand that there is a standard form, but if I simply write down my own medical wishes, certify I am of sound mind, and sign and date the will, would it not be equally as effective and enforceable should I ever become terminally ill?
Do I really need to to use standard legal language, have it notarized/witnessed, and assign a medical power of attorney for it to be enforceable?
1 Answer from Attorneys
It sounds like what you are proposing is akin to a living will which does not appoint an agent. All that a living will does is state what your wishes are, but does not appoint anyone to enforce them.
It is important to execute an advance health care directive and appoint an agent so that someone has the legal authority to carry out your wishes. The benefit to using the statutory form is that whomever is being presented with the document (i.e., a doctor) knows that it meets the legal requirements and it can be relied on. You do not want legal wrangling as to whether a document is legitimate or to have a medical professional refuse to honor a document when the time comes that you need it to be utilized. If the document is not honored, then someone will have to be appointed conservator and that is much more expensive than having an attorney draft you a directive.
An attorney drafted directive will include all the legal requirements and can also incorporate your specific wishes.
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