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A California living will is more commonly known as a California advance directive. It is not the same thing as a medical power of attorney. This legal document allows you to give specific instructions on how you want your medical affairs handled if you are no longer able to make your own decisions.
You can use a California living will to name someone, known as your health care agent, to make your decisions for you. California state law places limits on who you can choose to make medical decisions for you. You may not choose your medical provider, an employee of the healthcare facility (unless they are your registered domestic partner or related to you by blood, marriage, or adoption), an operator, or an employee of a community care facility (unless they are your registered domestic partner or related to you by blood, marriage, or adoption), or an operator or employee of a residential care facility (unless they are your registered partner or related to you by blood marriage, or adoption). You must sign a California living will and have it signed by two witnesses. At least one of your witnesses cannot be related to you and they cannot be entitled to any part of your estate. If you are in a skilled nursing facility, a California living will must also be witnessed by a patient advocate or ombudsman to help ensure that your health care wishes will be followed.
A California advance directive form is just one part of the estate planning process. It can help make difficult decisions easier for your loved ones and close friends. However, it is not the same as a power of attorney for health care or a durable power of attorney for health care. If you are interested in using a power of attorney for health care in the State of California, you should seek legal advice so that you better understand how California Probate Code will affect you.
California Probate Code § 4600 through § 4736: California living wills may name both an agent and an alternate agent. Although a California living will is written by an adult with the legal capacity to understand the document, the purpose of it is to be used when the person no longer has the capacity to make their own healthcare decisions as well as to explain if they want any life-sustaining treatments at that time. It can also be used to explain whether they wish to be part of the organ donation system.
Another important document to help express your wishes is a California Last Will and Testament.
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