Let's begin by clarifying some important terminologies. A living will, also known as an advance healthcare directive, is a legal document that outlines your healthcare preferences in case you become unable to make decisions for yourself. Remember, a living will is different from a last will and testament, which deals with the distribution of your assets after your death. Also, a living will should not be mistaken for a living trust; a living trust is a tool for managing your assets during your lifetime and beyond.
Living Will vs Power of Attorney
A living will and a Power of Attorney (POA) are two separate but crucial components of a comprehensive estate plan. A living will deals primarily with healthcare decisions, laying out what kind of medical treatment you would want or not want if you're unable to communicate your wishes.
On the contrary, a POA allows you to appoint a trusted person (known as an agent) to make decisions on your behalf. This can include financial decisions, healthcare decisions, or both, depending on the type of POA you establish. It's important to have both a living will and a POA as they serve to complement each other and ensure your wishes are respected in different situations.
Examples of a Living Will
A living will can specify a broad range of healthcare decisions. For instance, you may include instructions on:
- Life-prolonging treatments: You can state whether you want treatments that don't cure you but can keep you alive longer, such as ventilators or feeding tubes.
- Pain management: You can specify whether you want to receive or not receive pain medication.
- Do Not Resuscitate (DNR) orders: You can express your preference about whether or not to be resuscitated if your heart or breathing stops.
- Organ and tissue donations: You can articulate your wish to donate your organs and tissues after death.
A living will becomes part of your overall estate plan, providing guidance to your family and healthcare providers about your medical treatment preferences.
Cost of a Living Will
The cost of creating a living will in California can vary depending on the method you choose. If you opt to engage an attorney, costs can range from $200 to $500, depending on the complexity of your situation and the attorney's rates.
However, there are more affordable options available. Online platforms like Snug offer a simple and cost-effective way to create a legally valid living will. With Snug, you can draft a living will for much less than what it would cost to hire an attorney.
When Does a Living Will Go Into Effect?
A living will comes into effect when you are unable to make your own healthcare decisions. This typically happens when you are incapacitated due to an illness or injury. While a living will outlines your treatment preferences, a Medical POA appoints a person to make healthcare decisions on your behalf. These two documents often work together in an estate plan.
Hiring an Attorney to Make a Living Will
While it's possible to create a living will on your own, hiring an attorney can be beneficial, particularly if your healthcare wishes are complex. An attorney can provide legal advice tailored to your situation and ensure the document meets all the legal requirements in California.
However, hiring an attorney comes with additional costs. If you are comfortable creating a living will on your own and your healthcare wishes are straightforward, online solutions like Snug can provide a cost-effective alternative. Snug offers an easy-to-use platform to create a living will that meets California's legal requirements.
Notarizing Living Wills
In California, your living will must be notarized to be legally valid. The notary public verifies your identity and ensures that you are signing the document voluntarily and without coercion. Notary fees in California are set by the state and can range from $5 to $10 per signature.
Witnessing a Living Will
Along with notarization, California law requires two adult witnesses for a living will. These witnesses must be present when you sign the document. It's important to note that the witnesses cannot be related to you by blood or marriage, entitled to any part of your estate, or directly financially responsible for your healthcare.
Creating a living will is a significant step in safeguarding your healthcare wishes and providing guidance to your loved ones. Whether you choose to use an attorney or an online platform like Snug, it's essential to create this document as part of your comprehensive estate plan.
