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California Living Wills Laws


More Information on Living Wills

Code Section Probate §4600 et seq. Natural Death Act
Specific Powers, Life-Prolonging ActsAny 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
Legal Requirements for Valid Living Will(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
Revocation of Living WillRevocable at any time in any manner without regard to declarant's mental/physical condition; revocation is effective upon its communication to the attending physician
Validity from State-to-StateDeclaration executed in another state in compliance with the laws of that state or California law is valid
If Physician Unwilling to Follow Living WillPhysician shall take all reasonable steps as promptly as practicable to transfer the patient to a physician who is willing to comply
Immunity for Attending PhysicianPhysician is not subject to civil, criminal, or professional liability for acting in good faith pursuant to declaration

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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