AI Generated American Living Will
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When Do You Need a Living Will in the United States?
American Legal Rules for a Living Will
Using an incorrect format or structure for a living will may result in it being invalid or unenforceable under state law.
What a Proper Living Will Should Include
- Your Wishes on Life SupportClearly state if you want machines or tubes to keep you alive in cases of permanent unconsciousness.
- Tube Feeding InstructionsSpecify whether you consent to or refuse artificial nutrition and hydration if you can't eat on your own.
- Pain Management PreferencesIndicate your desire for treatments to ease pain and discomfort, even if they might shorten life.
- Appointment of a Health Care AgentName a trusted person to make medical decisions for you if you're unable to speak for yourself.
- Organ Donation ChoiceDecide if you want to donate organs or tissues after death to help others.
- Signatures and WitnessesInclude your signature, date, and those of witnesses to make the document legally valid.
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Why Use Docaro?
United StatesFree Example Living Will Template
Below is a free template example of a Living Will for use in the United States generated by our AI model.
The clauses in your actual Living Will will vary from this example as they will be entirely bespoke to your requirements as set out in the questionnaire you complete.
Living Will and Advance Health Care Directive
1INTRODUCTION
This document contains both a living will (instruction directive) and a durable power of attorney for health care (proxy directive) as authorized under the California Probate Code Division 4.7 (Health Care Decisions Law).
2DECLARATION OF A QUALIFIED PATIENT
I, the Declarant, born on 1990-05-15 and currently residing in California, hereby declare that I am at least 18 years of age.
I confirm that I am of sound mind and not under any guardianship that affects my decision-making capacity.
I confirm that I am not currently declaring a terminal condition at the time of signing this Living Will.
I identify myself as a qualified patient under California law, confirming my eligibility to execute this advance health care directive.
3STATEMENT OF WISHES REGARDING LIFE-SUSTAINING TREATMENT
If I have an incurable and irreversible condition that will result in my death within a relatively short time, or if I am in a persistent vegetative state or coma with no reasonable expectation of recovery, I direct that life-sustaining treatment, including artificial nutrition and hydration, be withheld or withdrawn in accordance with California Probate Code Section 4701.
4DECLARATION REGARDING LIFE-SUSTAINING PROCEDURES
I understand that a terminal condition means an incurable and irreversible condition that will result in death within a relatively short time without the use of life-sustaining procedures.
I understand that permanent unconsciousness means a condition, due to injury, disease, or illness, that has existed for at least 30 days and is characterized by an irreversible absence of voluntary brain function with no reasonable expectation of recovery.
In the event of a terminal condition, I direct that life-sustaining procedures be withheld or withdrawn.
In the event of permanent unconsciousness, I direct that life-sustaining procedures be withheld or withdrawn.
5SPECIFIC INSTRUCTIONS AND LIMITATIONS
I direct that artificial nutrition and hydration, such as feeding tubes or IV fluids, be withheld or withdrawn in a terminal condition or permanent unconsciousness.
I direct that resuscitation efforts, including CPR, not be allowed.
6DESIGNATION OF HEALTHCARE AGENT OR PROXY
I designate John Michael Smith, who is my spouse and resides at 123 Elm Street, Anytown, CA 90210, with primary phone number (555) 123-4567, as my primary healthcare agent.
I designate Jane Elizabeth Doe, who resides at 456 Oak Avenue, Anytown, CA 90210, with primary phone number (555) 987-6543, as my alternate healthcare agent.
I have discussed my healthcare wishes with my primary and alternate agents.
I designate a healthcare agent to make decisions on my behalf if I am unable to communicate my wishes.
7POWERS AND DUTIES OF THE HEALTHCARE AGENT
My healthcare agent\'s authority shall become effective upon a determination that I lack capacity to make my own health care decisions.
I grant my healthcare agent the power, to the extent permitted under California law, to make health care decisions for me including to consent to or refuse medical treatments, to select or discharge health care providers and institutions, to approve or withhold diagnostic tests, and to access and review my medical records.
My healthcare agent shall be required to follow any specific instructions or limitations I provide in this advance health care directive.
I do not allow my healthcare agent to receive compensation for their services beyond reimbursement of out-of-pocket expenses related to health care decisions.
I do not authorize my healthcare agent to have authority over mental health treatment decisions under this directive. If I wish to have a separate agent for mental health decisions, this must be documented in a separate advance directive for mental health under California law.
8PHYSICIAN CERTIFICATION
I request that my physician certify in writing my incapacity, terminal condition, or permanent unconsciousness when this directive becomes applicable. Physician certification is required for enforcement under California law.
Physician Name: ________________________________ Date: _______________
Physician Signature: _______________________________
Certification of Condition: ____________________________________________________________
9REVOCATION OF PRIOR DECLARATIONS OR POWERS OF ATTORNEY
I revoke any prior living wills, advance health care directives, or powers of attorney for health care that I have executed.
10DURATION AND REVOCATION
This advance health care directive shall remain in effect indefinitely until revoked.
I retain the ability to revoke this advance health care directive at any time by a signed writing or by any other act that clearly communicates my intent to revoke.
11GUARDIANSHIP PROVISION
If court intervention is required, I nominate John Michael Smith, who is my spouse and resides at 123 Elm Street, Anytown, CA 90210, as my preferred conservator for health care decisions.
I express a strong preference for my designated healthcare agent to serve as conservator.
12RELIANCE ON THIS DOCUMENT
Healthcare providers may rely in good faith on the validity of this advance health care directive and the decisions made under it pursuant to California Probate Code.
I understand that I can revoke this directive at any time, and that reliance by others is based on the document in effect at the time of their actions.
13ORGAN AND TISSUE DONATION
Pursuant to the California Uniform Anatomical Gift Act (California Health and Safety Code Sections 7150 et seq.), I make the following anatomical gift:
I direct that upon my death, all of my organs, tissues, and body parts may be donated for transplantation, therapy, research, or education.
I authorize my healthcare agent to make decisions regarding anatomical gifts on my behalf if my wishes are unclear.
Limitations or Special Instructions: None.
14PAIN MANAGEMENT AND COMFORT CARE
I direct that pain medication and comfort care be provided even if it might shorten my life.
I direct that all available pain relief and comfort measures be provided if I am experiencing pain or discomfort.
I prefer to receive full palliative care for pain management and comfort even when life-sustaining treatments are withheld or withdrawn.
15PREGNANCY CLAUSE
If I am pregnant, this advance health care directive shall be followed in accordance with California law. My instructions regarding life-sustaining treatment and other health care decisions shall be honored even if I am pregnant, unless I have specifically stated otherwise in this directive.
This example shows approximately 70% of a typical document and is provided for illustrative purposes only. The remaining content has been omitted.
Every document generated by Docaro is tailored to your specific circumstances, jurisdiction and the information you provide. The completed document includes all applicable clauses and provisions required for your situation.
To generate the full, personalised document, answer a short series of questions and your document will be created instantly.