A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In California, a living will is known as an Advance Health Care Directive (AHCD). The AHCD allows individuals to specify their preferences for medical treatment in the event that they are unable to communicate due to a medical emergency. This includes directions on administering, withholding, or withdrawing life-sustaining treatments if the individual is in a terminal or irreversible condition. The California Probate Code sections 4600-4805 specifically govern the creation and use of AHCDs. Additionally, Californians can include a Do Not Resuscitate (DNR) order as part of their AHCD, which instructs health care providers not to perform CPR if the patient's breathing or heartbeat stops. It's important for individuals to communicate their wishes to their family and health care providers and to ensure that their AHCD is accessible in an emergency. An attorney can assist in drafting an AHCD to ensure it accurately reflects the individual's wishes and complies with California law.