{"id":371806,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-living-wills-laws.html"},"modified":"2024-12-27T16:10:15","modified_gmt":"2024-12-27T21:10:15","slug":"california-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-living-wills-laws.html","title":{"rendered":"California Living Wills Laws"},"content":{"rendered":"\n
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California Living Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

What we call a "living will<\/a>" is technically not a will, but a legal document expressing an individual’s medical treatment preferences in the event they become unconsciousness or otherwise unable to communicate. If someone does not want to be kept on artificial life-support, they can state this in their living will, for instance. California living wills law is encoded in the Natural Death Act, which outlines the legal requirements for a valid living will, rules for revocation, and other provisions.<\/p>\r\n

Often, individuals named as health care agents in a durable power of attorney rely on living wills when making important decisions on behalf of the patient.
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The following table provides the basic provisions of California’s living wills law. See Should You Consider a Living Will?<\/a> to learn more.<\/p>\r\n

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Code Section<\/td>\r\nProbate \u00a74600 et seq. Natural Death Act<\/td>\r\n<\/tr>
Specific Powers, Life-Prolonging Acts<\/td>\r\nAny medical procedure or intervention that will serve only to prolong the process of dying or an irreversible coma or persistent negative state; does not include treatment to alleviate pain or provide comfort care<\/td>\r\n<\/tr>
Legal Requirements for Valid Living Will<\/td>\r\n(1) Sound mind; (2) over 18; (3) signed by declarant; (4) witnessed by 2; (5) declaration shall contain substantially same information as form; (6) operative when declarant in terminal condition as certified in writing by 2 physicians; (7) not effective while patient is pregnant<\/td>\r\n<\/tr>
Revocation of Living Will<\/td>\r\nRevocable at any time in any manner without regard to declarant’s mental\/physical condition; revocation is effective upon its communication to the attending physician<\/td>\r\n<\/tr>
Validity from State-to-State<\/td>\r\nDeclaration executed in another state in compliance with the laws of that state or California law is valid<\/td>\r\n<\/tr>
If Physician Unwilling to Follow Living Will<\/td>\r\nPhysician shall take all reasonable steps as promptly as practicable to transfer the patient to a physician who is willing to comply<\/td>\r\n<\/tr>
Immunity for Attending Physician<\/td>\r\nPhysician is not subject to civil, criminal, or professional liability for acting in good faith pursuant to declaration<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are constantly changing — contact a California estate planning attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law:<\/h2>\r\n