Honor Your Medical Wishes With Living Wills & Advance Care Directives

I’ve guided countless clients through the estate planning process in Los Alamitos, California, and one area I always emphasize is medical decision-making. 

Estate planning isn’t just about distributing assets after death. It also involves preparing for serious health situations where you might not be able to speak for yourself. That’s where living wills and advance care directives come in.

Under California law, every adult has the right to make decisions about their own medical care. But if an illness or injury leaves you unconscious or unable to communicate, someone else will have to step in. 

When there’s no legal direction in place, families often face confusion and stress. I’ve seen firsthand how proper documents prevent conflict and protect your autonomy.

Living wills and advance care directives allow you to state your medical preferences clearly and appoint someone you trust to act on your behalf. These documents should be at the center of any estate planning conversation.

What a Living Will Covers in California

In California, a living will is part of a broader document called an Advance Health Care Directive. It gives you the ability to express your wishes about life-sustaining treatments, pain relief, artificial nutrition, and other forms of care in situations where recovery may be uncertain or impossible.

The language of a living will speaks for you when you can’t. It can state that you don’t want to be kept alive by machines if there’s no realistic chance of recovery. Or it can request that all possible efforts be made, depending on your beliefs and values. Either way, the key is clarity. 

This isn’t just about final moments—it’s about control. A living will provides peace of mind for you and your loved ones by making your preferences unmistakably clear before a medical crisis ever arises.

Naming a Health Care Agent

An equally important part of an Advance Health Care Directive is the appointment of a health care agent. This person, also known as a health care proxy, has the authority to make medical decisions if you’re unable to do so. California law allows you to choose any competent adult, and many clients choose a spouse, adult child, or close friend.

This individual doesn’t just interpret your living will—they can also speak to doctors, access medical records, and authorize treatment when unexpected situations occur. 

Choosing someone who understands your values is essential. During the estate planning process, it’s important to have honest conversations with their chosen agent to avoid confusion later on.

Without a directive in place, decisions may fall to someone the court selects or default to a family member who may not understand your wishes. That’s why putting this authority in writing is a crucial part of responsible estate planning.

How California Law Treats Advance Directives

In California, the Advance Health Care Directive is recognized as a legal tool that gives individuals control over future medical treatment. This document replaces older versions of health care powers of attorney and living wills. 

Under state law, once signed and properly witnessed or notarized, your directive becomes valid and enforceable across all medical facilities in the state.

The document remains in effect unless you revoke it or create a new one. Physicians, hospitals, and emergency personnel are required to follow it as long as they know it exists. 

That’s why it can be a good idea to share copies with their medical providers, family members, and health care agent. During estate planning reviews, it’s important to carry a card that indicates they have an advance directive and where it can be found.

Too often, people go through the trouble of creating these documents but fail to make them available in the right places. Estate planning is about more than preparing papers—it’s about making sure those documents do their job when the time comes.

Avoiding Family Conflict During a Medical Crisis

When someone becomes incapacitated and there’s no medical directive in place, families are left guessing. I’ve worked with clients who saw loved ones argue over what should happen in the ICU, not because of a lack of love, but because no one knew what the patient wanted. These moments are painful, and they can tear families apart.

Estate planning helps prevent those conflicts. When your medical wishes are in writing and you’ve named someone to speak for you, there’s less room for disagreement. Your health care agent has legal authority, and your living will reflects your voice.

Even when all family members are on good terms, stressful moments can cause emotions to run high. Having a clear directive helps everyone focus on supporting each other rather than disputing decisions.

Medical Wishes Beyond Life Support

A living will isn’t just about whether to continue life support. It can also include your wishes about pain management, organ donation, and end-of-life care. Many clients include statements about receiving palliative care, remaining at home if possible, or being kept comfortable rather than undergoing invasive procedures.

Some common preferences often included in a living will include:

• Receiving palliative or comfort care over life-prolonging treatment

• Staying at home rather than being hospitalized, if possible

• Avoiding invasive procedures that don't improve quality of life

• Donating organs, if desired

These instructions are often just as important as decisions about ventilators or feeding tubes. They reflect your values, your dignity, and how you want to be treated at life’s most vulnerable stages. Estate planning gives you the ability to make those choices ahead of time and spare your loved ones from guessing later.

People often assume these matters are covered by a will or trust. But traditional estate planning documents like a last will and testament deal with assets, not medical care. That’s why a dedicated Advance Health Care Directive is so important in any California estate planning strategy.

Keeping Your Documents Up to Date

Creating an Advance Health Care Directive isn’t something you do once and forget. As life changes—new diagnoses, shifting relationships, or changes in personal beliefs—your medical wishes might evolve. 

California law allows you to revoke or update your directive at any time. You simply create a new one and communicate those changes to your health care agent and doctors. I recommend reviewing your documents every few years or after any major life change.

An outdated directive can be nearly as risky as having none at all. That’s why regular attention to this part of estate planning is a smart way to protect your voice when it matters most.

Digital Access and Medical Records

With the growing use of electronic health records, many California hospitals now allow patients to upload advance directives directly into their systems. It’s important to take advantage of these services so their medical wishes are accessible even in emergencies. This is another way that good estate planning meets practical needs.

Digital copies should also be shared with trusted individuals. Your health care agent, your primary physician, and any close family members should all know where to find your directive. I advise clients to keep both a paper copy and a digital version on hand. It’s a small step that can make a major difference during a medical emergency.

Making Medical Planning a Part of Every Estate Plan

Some clients hesitate to think about living wills and medical directives because they’re healthy or still young. But as an estate planning attorney in California, I’ve seen how quickly things can change. Illness and injury don’t wait for the right time.

Including an Advance Health Care Directive in your estate plan gives you the power to control your own care, even if you lose the ability to speak for yourself. It’s one of the most important acts of protection and clarity you can provide to the people you love.

Estate planning should always include a conversation about how you want to be treated in a medical crisis. Whether you prefer every life-saving measure or a focus on comfort and dignity, your voice should be the one guiding those decisions.

Final Thoughts

At The Law Offices of Lawrence H. Nemirow PC, I’m here to help you create an estate planning foundation that honors your voice in every chapter of life. I’m proud to serve Los Alamitos, California, and throughout Los Angeles County, Orange County, Huntington Beach, Newport Beach, Cerritos, Santa Ana, Anaheim, and Long Beach. Call today to speak with an experienced estate planning attorney.