Plan For Your Future Tomorrow
How Can a Living Will Ensure Your Medical Wishes Are Honored?
It’s unsettling to think about losing the ability to communicate your medical wishes. Furthermore, it can be challenging for family members and loved ones to understand your wishes in such cases. A living will lets you state your preferences clearly in advance.
As an elder law attorney, I guide many clients in California through creating this crucial document. If you want your medical wishes followed, I encourage you to reach out to my firm.
The Law Offices of Gary R. Kershner serve clients throughout the Bay Area, including Berkeley, Alameda, Emeryville, Rockridge, Piedmont, Fruitvale, Fremont, San Jose, San Francisco, and beyond. Located in Oakland, I’m ready to help you protect your healthcare decisions, so reach out today to begin your planning.
Elder Law and Your Medical Decisions
Elder law involves legal matters that often affect aging adults, including healthcare planning. A living will is part of this area of law because it protects your right to make medical decisions. It gives you control over your care when you can’t speak for yourself.
I help clients draft living wills that reflect their personal values and healthcare goals. This preparation reduces confusion for loved ones and guides medical providers on your preferences, avoiding unnecessary treatments or conflicts.
What Is a Living Will?
A living will is a legal document that outlines your instructions for medical care if you become unable to make decisions. It's different from a traditional will, which manages property after death. A living will focuses solely on your healthcare preferences.
This document serves as your voice when you can’t communicate. It guides doctors and caregivers about treatments such as:
Cardiopulmonary resuscitation (CPR)
Mechanical ventilation (breathing machines)
Tube feeding
Pain management and comfort care
By having a living will, you help avoid unwanted medical interventions or prolonged suffering.
How a Living Will Helps Your Medical Wishes Be Followed
When you have a living will, medical providers are legally required to follow your instructions if you can’t express them. Without this document, family members or courts might have to decide based on assumptions or their own opinions, which might not align with your wishes.
I assist clients in creating living wills that clearly state their choices. This legal planning provides peace of mind that your medical preferences will be honored.
California Requirements for a Living Will
California law sets rules to make a living will valid. I help clients manage these rules to make sure their documents meet legal standards. Important points include:
You or an authorized person must sign the document voluntarily.
Two adult witnesses or a notary public are required.
The instructions must be clear, specific, and easy to understand.
Following these rules prevents disputes or delays in applying your living will during medical emergencies.
Drafting a Living Will That Reflects Your Values
I spend time discussing your values and healthcare preferences. Everyone has different views on treatments and quality of life, so it’s important to tailor your living will to you.
Some questions I often explore include:
Would you want CPR if your heart stopped?
Would you want to be placed on a breathing machine?
How do you feel about artificial nutrition or hydration?
What comfort measures are important to you?
These conversations help me draft a living will that truly represents your intentions and clearly guides those who care for you.
Durable Power of Attorney for Healthcare Complements a Living Will
In addition to a living will, you can appoint a durable power of attorney for healthcare. This person acts on your behalf if you’re unable to make medical decisions. This agent can interpret your wishes and decide on treatments not covered in your living will.
Having both documents provides a comprehensive medical plan that protects your preferences. I advise clients to prepare a durable power of attorney for healthcare alongside their living will for comprehensive coverage.
Sharing Your Living Will and Healthcare Plans
Once your living will is complete, it's essential to share copies with key people involved in your care. This includes:
Your primary care physician and specialists
Your appointed healthcare agent
Family members or close friends
Sharing these documents helps make sure your wishes are known and reduces confusion during medical crises.
Reviewing and Updating Your Living Will
Your medical preferences may change over time due to health or personal changes. I encourage clients to review their living wills regularly. If your wishes evolve, updating the document is important to keep it accurate.
I assist clients in revising or replacing living wills so they continue to reflect their current intentions and comply with California law.
Elder Law Planning Beyond Living Wills
Living wills are just one part of elder law planning. Other documents include advance healthcare directives, powers of attorney for finances, and trusts. These legal tools work together to protect your health, finances, and overall well-being.
I help clients create comprehensive elder law plans tailored to their unique circumstances. These plans provide peace of mind that all important matters are addressed.
Important Considerations When Drafting Your Living Will
To make your living will as effective as possible, keep these points in mind:
Be specific about treatments you want or don't want.
Consider various medical scenarios, including emergencies and long-term care.
Talk about your living will with family members and your healthcare agent.
Keep copies accessible and update them as needed.
Clear instructions help prevent conflicts and guide healthcare providers in respecting your wishes.
Consequences of Not Having a Living Will
Without a living will, medical decisions often fall to family members or courts. This can lead to delays, disagreements, or treatments that don't reflect your preferences. I’ve seen how the absence of clear instructions causes stress for families during already difficult times.
Creating a living will helps avoid these problems by giving clear, legally recognized guidance about your care.
Getting Started With Your Living Will
Beginning the process is easier than many think. Contact my office to schedule a consultation. I'll take time to understand your concerns, explain your options, and draft a living will that fits your needs. I’m here to help you protect your medical decisions and make sure your wishes are honored every step of the way.
To recap, a living will:
Clearly communicates your medical wishes when you can’t speak
Guides doctors and family to make decisions aligned with your values
Requires specific legal steps to be valid in California
Works best combined with a durable power of attorney for healthcare
Should be reviewed and updated as your preferences change
Taking these steps through elder law helps protect your medical rights and provides peace of mind.
Why Choose the Law Offices of Gary R. Kershner?
At my firm, you receive personal attention and clear guidance on elder law matters. I listen carefully to your wishes and draft documents that protect your voice in medical decisions.
I serve clients throughout the Bay Area, including Berkeley, Alameda, Emeryville, Rockridge, Piedmont, Fruitvale, Fremont, San Jose, San Francisco, and beyond. My office is conveniently located in Oakland, California, ready to assist you with your living will and elder law planning.
Protect Your Medical Wishes Today
Your healthcare decisions are deeply personal, and having a living will is one of the most important ways to make sure your wishes are honored when you can’t speak for yourself. I’m here to guide you with compassion and clarity, making sure your voice is heard and respected. Don’t leave these critical decisions to chance—contact me, Gary R. Kershner, at the Law Offices of Gary R. Kershner in Oakland, California, to start planning today. Together, we can help you protect your medical future and bring you peace of mind.