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- #define.stb Definitions of legal terms
- #help.tut Extra help
-
- SUMMARY OF STATE LIVING WILL LEGISLATION
-
- CALIFORNIA
-
- Synopsis: California has a strong living will law. NOTE that
- living wills are only valid for five years. The will must be
- reexecuted every five years. The State provides a standard
- form which MUST be used. The statute requires that if a patient
- executes or re-executes a living will within fourteen days of a
- terminal diagnosis that the doctor and hospital must either
- follow the living will, or must transfer the patient to a
- facility which will follow the living will. In the case of a
- patient who has prepared the living will before the fourteen day
- period, must give weight to the patient's earlier living will,
- but is not required to follow the will. To prepare a California
- living will using the state suggested form, please type select this
- option from the main menu. Remember that the publisher suggests
- preparing a "uniform" living will in addition to the form
- required by the State of California. Please also consider
- executing a living will for any State that you spend more than a
- few weeks per year, or where you are a temporary resident.
-
- Statute number: California Health and Safety Code, Section 7185-
- 7195
-
- Statute title: "California Natural Death Act"
-
- Governmental Agency to contact for more information: None specified
- However, the State Department of Aging does have duties under the
- act.
-
- A specific form of living will is required
-
- Witness requirements: Number: 2 Relationship: Witnesses may
- not be related by blood or marriage, and cannot either be heirs
- or devisees under a will or by the laws of intestacy, nor may
- a witness be a creditor of the declarant or estate. There are
- special requirements for execution in nursing homes. At least
- one witness must be a certified patient advocate or Ombudsman by
- the State Department of Aging.
-
-
- Recording of the living will is not provided for.
-
- Revocation of the living will may be made WHETHER OR NOT THE
- declarant is mentally competent, by written declaration or
- by tearing, defacing, burning, etc. It may be verbally revoked
- if communicated to the treating physician.