Palm Springs Living Will Attorney

Creating a comprehensive estate plan includes planning for incapacitation. A living will is an important tool you can use to direct health care when you cannot speak for yourself. However, the form must be drafted according to the requirements outlined in the California Natural Death Act to be valid.

Our estate planning lawyers at Heritage Legal, P.C. have extensive experience in probate matters. We assist clients with all aspects of creating an estate plan, including asset protection, business succession, special needs planning, charitable giving, and incapacitation.

Contact Heritage Legal, P.C. to schedule a free consultation with a Palm Springs estate planning attorney. We will help you develop a living will that ensures your wishes are carried out even though you may not be able to participate in your health care decisions.

How Heritage Legal, P.C. Can Help You With a Living Will and Estate Plan

What happens if you sustain an injury or develop an illness that causes you to become incapacitated? You are unable to communicate your wishes for health care and end-of-life care. Who will make those decisions for you? If you do not have a living will and other estate documents, the decisions might be made by someone you do not trust. Furthermore, the decisions may not be the ones you would have made.

When you hire our Palm Springs estate planning attorneys, you can trust we will:

• Assist you in prioritizing your goals and identifying your needs for an estate plan

• Personalized solutions tailored to your needs and goals

• Discuss matters you might not have considered

• Address the needs of heirs with disabilities by creating special needs trusts

• Help you provide for your minor children should something happen to you and their other parent

• Engage in effective strategies for minimizing taxes and protecting assets

• Develop an incapacitation plan that includes all documents necessary to protect your right to make decisions for yourself

Our attorneys have top ratings and awards from numerous organizations in the legal industry. Expertise.com named us Best Probate Lawyers in Moreno Valley for 2022. Palm Springs Life includes us in their Top Lawyer list for 2017 through 2023.

Call Heritage Legal, P.C. to schedule a free case evaluation with an experienced Palm Springs estate planning attorney.

What Is a Living Will?

A living will should not be confused with a Last Will and Testament ("will"). A will provides instructions for distributing your property after your death. A living will is an advanced health care directive (AHCD) used in advance care planning.

Advance care planning involves making decisions about your future medical care should you become seriously ill or incapacitated. Explaining your decisions to your family is helpful. However, they are not enforceable unless you put your wishes in writing. Your family could make a different decision.

A living will generally does not come into play unless you enter a persistent vegetative state, are diagnosed with a terminal illness, or are irreversibly unconscious. Therefore, you will still need a medical power of attorney for other situations.

What Is Included in a Living Will in California?

Your living will or advance health care directive includes instructions for your doctors regarding end-of-life health care. For example, you can direct your doctors to withdraw all treatments that extend your life if you are in a persistent vegetative state or unable to communicate your needs.

You can direct that specific treatments continue, such as pain medication, while stopping the use of artificial hydration and nutrition. The form should also provide a section for appointing someone you trust to enforce your decisions.

California does not require you to use a specific form for a living will. There is a probate form for an Advance Health Care Directive Form you can download. However, an attorney can help you personalize a living will that ensures it meets your needs and desires.

What Are the Requirements for a Living Will in California?

Someone must be at least 18 years old to execute a living will. The person must also be of sound mind, so they understand their decisions and the consequences of their decisions.

If you include personalized instructions, they must be clear. Ambiguous statements could invalidate the section or the entire document.

At least one witness must be present to acknowledge they saw you sign the living will. The person should not be entitled to inherit from your estate to avoid allegations of conflicts. Although California does not require a notary, having a living will notarized adds to the document's validity.

Learn More During a Free Consultation With a Palm Springs Estate Planning Attorney

A living will is only one element of a comprehensive estate plan. Contact Heritage Legal, P.C. to schedule a consultation to discuss your needs with a Palm Springs estate planning attorney. Everyone benefits from an estate plan, regardless of age or financial status.