Do You Have a Living Will? Understanding the Importance of Advanced Health Care Directives in California

Planning for the future isn’t just about financial security; it’s also about making critical decisions for your health and well-being. In California, having a living will or advanced health care directive can make a significant difference in ensuring that your wishes are honored when you can’t make decisions for yourself. Attorney Susan B. Geffen, a leading elder law expert in Los Angeles, stresses that “without a living will, you leave crucial decisions about your health in the hands of others, which can lead to legal battles and emotional strain for your family.”

The Risks of Not Having a Living Will

A living will is a legal document that outlines your preferences for medical treatment in the event you become incapacitated and cannot communicate your wishes. Without one, you run several risks:

1. Family Conflicts – When there is no clear directive, family members may disagree about the appropriate course of action, leading to potential disputes and emotional turmoil during an already stressful time.
2. Unwanted Medical Procedures – Without a living will, doctors may proceed with aggressive medical treatments that you would not have chosen. In the absence of a clear directive, the medical team may err on the side of caution and prolong life by any means necessary.
3. Loss of Control Over Health Care Decisions – By not specifying your health care preferences, you relinquish control over crucial decisions about your body. Your loved ones or a court-appointed guardian could end up making choices you would not agree with.

Statistics show that more than 70% of Americans do not have a living will, despite the crucial role it plays in health care planning . As Susan B. Geffen explains, “Having a living will or advanced directive is not just about end-of-life care; it’s about ensuring that your voice is heard, even when you cannot speak for yourself.”

What Does an Advanced Health Care Directive Include in California?

In California, an advanced health care directive encompasses more than just a living will. It provides comprehensive legal instructions regarding your medical care and allows you to appoint a health care proxy—someone you trust to make medical decisions on your behalf. The key components of an advanced directive include:

• Living Will – This part of the directive allows you to state your preferences for life-sustaining treatments, such as resuscitation, mechanical ventilation, and feeding tubes. You can outline under what conditions you want these treatments administered or withheld.
• Health Care Proxy (Durable Power of Attorney for Health Care) – California law allows you to appoint someone to make medical decisions for you if you become incapacitated. This person is called your health care agent or proxy. This individual will be empowered to act based on your instructions and their understanding of your preferences, ensuring your medical care aligns with your values.
• Organ Donation – You can include your wishes about organ donation in your advanced directive, providing specific instructions about whether or not you want to be a donor.
• Pain Management and Comfort Care – Your directive can address the level of pain management and comfort care you wish to receive in critical or terminal conditions. This can include instructions about palliative care or hospice care.

Why Is a Living Will Crucial?

In California, the laws surrounding health care decisions emphasize patient autonomy. However, without a living will, this autonomy may be compromised. California’s advanced directive laws provide individuals with the ability to ensure their wishes are respected, but it requires legal documentation.

Attorney Susan B. Geffen, who has over 30 years of experience in elder law, highlights, “An advanced health care directive in California is your safeguard against losing control over your health care decisions. It prevents your family from having to make difficult choices without knowing your desires.”

How to Get Started with an Advanced Health Care Directive

While it may seem daunting to think about creating a living will, it’s a straightforward process when you work with an experienced attorney. You will discuss your wishes, values, and any specific instructions you want to include in the directive. Attorney Susan B. Geffen encourages individuals to take this step, saying, “By creating an advanced directive, you’re making a compassionate decision that protects your loved ones from uncertainty and ensures that your health care is handled according to your wishes.”

Having a living will in place also prevents the need for court intervention, which can be costly, time-consuming, and emotionally draining for your family. Susan B. Geffen can guide you through this process and ensure that your living will and health care directive are legally sound and reflect your preferences.

Take Control of Your Health Care Decisions

Don’t leave your future in the hands of others. A living will and advanced health care directive offer you peace of mind, knowing that your health care preferences will be honored even in difficult circumstances. Protect yourself and your family from the legal and emotional burdens of uncertainty. Reach out to Attorney Susan B. Geffen today for assistance in creating your living will and advanced health care directive in California.