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            SUMMARY OF STATE LIVING WILL LEGISLATION

CALIFORNIA

Synopsis: California has a strong living will law. NOTE that
living wills are only valid for five years. The will must be
reexecuted every five years. The State provides a standard form
which MUST be used. The statute requires that if a patient
executes or re-executes a living will within fourteen days of a
terminal diagnosis that the doctor and hospital must either
follow the living will, or must transfer the patient to a
facility which will follow the living will. In the case of a
patient who has prepared the living will before the fourteen day
period, must give weight to the patient's earlier living will,
but is not required to follow the will. To prepare a California
living will using the state suggested form, please type select
this option from the main menu. Remember that the publisher
suggests preparing a "uniform" living will in addition to the
form required by the State of California. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.

Statute number: California Health and Safety Code, Section 7185-
7195

Statute title: "California Natural Death Act"

Governmental Agency to contact for more information: None
specified However, the State Department of Aging does have duties
under the act.

A specific form of living will is required

Witness requirements: Number: 2 Relationship: Witnesses may not
be related by blood or marriage, and cannot either be heirs or
devisees under a will or by the laws of intestacy, nor may a
witness be a creditor of the declarant or estate. There are
special requirements for execution in nursing homes. At least one
witness must be a certified patient advocate or Ombudsman by the
State Department of Aging.


Recording of the living will is not provided for.

Revocation of the living will may be made WHETHER OR NOT THE
declarant is mentally competent, by written declaration or by
tearing, defacing, burning, etc. It may be verbally revoked if
communicated to the treating physician.