Top Santa Clara, CA Living Will Lawyers Near You

What Is a Living Will?

A living will is a legal document that tells your doctors about your health care choices when you cannot communicate. Also called an advanced directive, a living will makes sure your doctors carry out your health care wishes when you are incapacitated.

A living will can designate another person, typically known as either a health care proxy or health care agent, to make medical decisions on your behalf. Talk to your designated health care agent to make sure they understand your medical wishes ahead of time. Your living should also address whether you want to receive certain types of care, including:

• Cardiopulmonary resuscitation (CRP)
• Ventilator use
• IV and tube feeding
• Palliative care
• Pain management
• Organ donation

Who Needs Estate Planning?

Everyone needs estate planning, and if you are 18, it is never too early to start thinking about your plan! While we all want to live a long, full life, accidents and illnesses happen. And having a plan in place will go a long way in protecting your wishes.

How Much Does Estate Planning Cost?

There are do-it-yourself documents available online that allow you to create your own will, advance directive, and power of attorney declaration. Going this route will be cheaper than using an attorney in the present. However, it is good to work on an estate plan with your attorney to ensure you are going through the process correctly and addressing details you haven’t thought of. If you are worried about cost, you can discuss that with attorneys at your initial consultations as you shop around.

What Estate Planning Documents Do You Need?

Every estate plan should include a last will and testament or establish a trust. This will allow you to state how you wish to distribute your assets to beneficiaries upon your death. A power of attorney declaration will name someone you trust to handle your health care and/or financial decisions if you are ever unable to. An advanced directive (also known as a living will) will state your wishes for any care you want to receive if you are unable to make those decisions at the time. This is useful when it comes to end-of-life care or if you ever need life-saving care because of an accident or illness.

What Are Some Examples of Situations Where I Might Need a Lawyer To Help With a Living Will?

Your attorney can explain what might happen in different situations, such as injuries, accidents, or illness, including what could happen if your family members disagree about your end-of-life care. For instance:

• If you can’t breathe on your own, do you want to be placed on a ventilator?
• If you cannot eat, do you want to receive tube feeding?
• If you have a terminal illness, do you want to receive any and all life-extending treatments?

If you think your family will not honor your health care wishes, a living will protects your independence. A living will also takes the burden off family members to make difficult decisions about your care.

How Can a Lawyer Help Me With a Living Will?

An attorney can draft an enforceable living will that includes all of your end-of-life care wishes. Your attorney can identify areas of care you should address, help you find the right health care proxy, and make sure your medical providers have a copy of your living will.

What Could Happen if I Don’t Hire a Lawyer To Help With a Living Will?

States have specific legal requirements for trust and estate documents, including living wills. If there are problems with your living will, the court may not enforce your wishes. This could cause problems with your family members if they disagree about your medical care.

What Questions Should I Ask When Trying To Find a Will Lawyer in Santa Clara?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• How have you handled cases like mine?
• What are your billing and fee structure?
• How long have you been practicing in California?
• What will my involvement be during the process?
• Do you do other things besides wills?

Tips for Hiring a Lawyer for Help With a Will

Finding a lawyer who is right for you and will represent your best interests is an essential first step in managing your case and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do: 

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts