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CA.SUM
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1993-01-06
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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.