California State Laws on Living Wills
Living wills in California are known as "advanced health-care directives." These are the only recognized form of living will in the Golden State. The directive also replaces what was formerly known as the durable power of attorney for health care (DPAHC). Regardless of its name, a living will is an indispensable tool for making sure that your house is in order in the event of catastrophic injury or illness.
Eligibility
Advanced health-care directives are available to all Californians aged 18 years or older. You can also write an advanced health-care directive if you are a minor who has been legally emancipated by a court. Lawyers are generally not necessary to complete the directive. Those involuntarily committed to a mental health facility need a lawyer to appoint a conservator as their agent. Otherwise, filling out a simple form is all it takes. Such forms are available, among other places, on the California Medical Association website.
Financial Responsibility
The agent you designate as your representative does not take on any responsibility for medical bills. The agent makes decisions about what type of health care -- if any -- you will receive if you become incapacitated. However, the agent is not financially liable for any fees incurred as a result of such decisions.
Scope
Your advanced health-care directive can take one of two forms. First, you may designate an agent to make decisions regarding your health care. Alternately, you may make health care decisions in advance. In the latter case, you can also make arrangements for organ and tissue donation, funeral arrangements and an autopsy.
Oral Directives
You don't need to fill out a form to have a living will. While state law restricts oral advanced health-care directives, they are allowed under California state law. You are allowed to orally designate an agent to make decisions on your behalf by directly information your supervising health care provider of your decision. Oral directives supersede any written document that you have drawn up and are good only for the duration of current treatment.
Revocation
You may revoke your living will at any time, unless you are incapacitated or mentally incompetent. This revocation must be clearly documented to your health care providers. To revoke an agent's status as your representative you must personally inform your supervising health care provider. Your intentions for future health care can be revoked by any means that clearly communicates your wishes.
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