Create a Living Will: Avoid the Terri Shiavo Problem

Yet, the statutes in many states call it a living will, but some call it a "right to die directive."

In any event, as a public service I want to provide you with a free living will form that is suitable for use in California (it is based on a California Statute):

The following free form is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. This site (and Phil Craig) is not engaged in rendering legal or other professional advice, and this form is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of an attorney.

LIVING WILL: Directive to physicians describing the patient's desire that life-sustaining procedures are not used to artificially prolong his life under described circumstances

Directive made and executed by _________[name], of _________[address], _________ County, _________[state], on _________[date].

I, _________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be artificially prolonged under the circumstances set forth below, and do hereby declare:

1. If at any time I should have an incurable condition caused by injury, disease, or illness certified to be a terminal condition by two physicians, and where the application of life-sustaining procedures would serve only to artificially prolong the moment of my death, and where my attending physician determines that my death is imminent whether or not life-sustaining procedures are utilized, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally.
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this directive shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
3. _________[If applicable, add: If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy.]
4. I have been diagnosed and notified at least _________ days ago as having a terminal condition by _________, M.D., whose address is _________, and whose telephone number is _________. I understand that if I have not filled in the physician's name and address, it shall be presumed that I did not have a terminal condition when I executed this directive.
5. This directive shall have no force or effect _________ years from the date filled in above.
6. I understand the full import of this directive, and I am emotionally and mentally competent to make this directive.
7. I understand that I may revoke this directive at any time.

_________________________________
[Signature]

On _________[date], _________[name], known to us to be the person whose signature appears at the end of the above directive, declared to us, the undersigned, that the above directive, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] directive. _________[He or She] then signed the directive in our presence and, at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses.

_________[Name] declarant has been personally known to us and we believe _________[him or her] to be of sound mind. We are not related to _________[name] by blood or marriage, nor would we be entitled to any part of _________[name's] estate on _________[name's] death, nor are we the attending physicians of _________[name] or an employee of the attending physician or a health facility in which _________[name] is a patient, or a patient in the health care facility in which _________[name] is a patient, or any person who has a claim against any part of the estate of the _________[name] on _________[name's] death.

______________________________
[Signature]

residing at _________________________________

_________________________________
[Street, city, state]

______________________________,
[Signature]

residing at _________________________________

_________________________________
[Street, city, state]

Again, PLEASE realize that this free living will form is being provided as a public service and I am not giving you specific legal advice.

If you need a living will form specific for your state, I suggest you try: Legal Documents @ Lawyer-Free Prices

 Why don't you use this as a opportunity to have your estate plan reviewed? You can look for lawyers here: Use LegalMatch to Find a Trustworthy Attorney in Your Area.

Good luck and until next time,

Phil Craig


P.S. Did you know you can search this site or the web for more Living Trust, Wills, Estate Planning and Probate answers?
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Phil Craig is a licensed attorney and entrepreneur.
He started practicing law at age 25 in 1979.
He does not take on any more clients, but is
advisor to some of the biggest names in the internet
world. He shares his knowledge gained over the
last 25 years at his Living Trust Secrets newsletter site:
click here: Click Here
 

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