Life Sustaining Statute, California
Directive to Physicians as Provided by the California Health and Safety Code: Section 7187
DIRECTIVE TO PHYSICIANS
Directive made this _________________ day of ___________. I, __________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be artificially prolonged under the circumstances set forth below, do hereby declare:
1. If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians, and where the application of life-sustaining procedures would serve only to artificially prolong the moment of my death and where my physician determines that my death is imminent whether or not life-sustaining procedures are utilized, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally,
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
3. If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy.
4. I have been diagnosed and notified at least 14 days ago as having a terminal condition by __________________, M.D. whose address is ___________, __________.I understand that if I have not filed in the physicians name and address, it shall be presumed that I did not have a terminal condition when I made out this directive.
5. This directive shall have no force and effect five years from the date filled in above.
6. I understand the full import of this directive and I am emotionally and mentally competent to make this directive.
_________________________________________________The Declarant has been personally known to me and I believe him or her to be of sound mind.
Witness __________________________________________________
Witness __________________________________________________
Directive to Physicians as Provided by the California Health and Safety Code: Section 7187
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in California. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the California life sustaining statute?
The California life sustaining statute refers to Section 7187 of the California Health and Safety Code, which provides for a Directive to Physicians. This directive allows individuals to declare that their life shall not be artificially prolonged under certain circumstances. It is a legal document that expresses a person's wishes regarding life-sustaining procedures.
What does a Directive to Physicians in California allow?
A Directive to Physicians in California allows a person to direct that life-sustaining procedures be withheld or withdrawn if they have an incurable injury, disease, or illness certified as terminal by two physicians. It also states that the person be permitted to die naturally. The directive serves as the final expression of the person's legal right to refuse medical or surgical treatment.
When can life-sustaining procedures be withheld or withdrawn under California law?
Under California law, life-sustaining procedures can be withheld or withdrawn if a person has an incurable injury, disease, or illness certified to be a terminal condition by two physicians. Additionally, the application of such procedures must serve only to artificially prolong the moment of death, and the physician must determine that death is imminent whether or not the procedures are utilized. The directive must be in place to direct such action.
Who must certify a terminal condition for a Directive to Physicians in California?
For a Directive to Physicians in California, a terminal condition must be certified by two physicians. This certification is required before life-sustaining procedures can be withheld or withdrawn. The directive itself specifies that the certification must be made by two physicians.
What happens if I am unable to give directions regarding life-sustaining procedures in California?
If you are unable to give directions regarding the use of life-sustaining procedures, the directive states that it is your intention that it be honored by your family and physician(s). It serves as the final expression of your legal right to refuse medical or surgical treatment and accept the consequences of that refusal. This provision ensures that your wishes are respected even if you cannot communicate them.
Does a Directive to Physicians in California apply if I am pregnant?
The article text includes a clause that begins with 'If I have been diagnosed as pregnant and' but does not provide the full content of that clause. Therefore, the specific application of the directive during pregnancy is not detailed in the provided text. For complete information, the full statute should be consulted.
How do I make a Directive to Physicians in California?
The directive is made by completing a form that includes the date, your name, and a declaration of your desire that your life not be artificially prolonged under the circumstances set forth. The form provided in Section 7187 of the California Health and Safety Code serves as a template. It must be made willfully and voluntarily while of sound mind.
What is the purpose of the California Health and Safety Code Section 7187?
The purpose of California Health and Safety Code Section 7187 is to provide a legal form for a Directive to Physicians. This directive allows individuals to make known their desire that their life shall not be artificially prolonged under certain circumstances. It establishes the conditions under which life-sustaining procedures may be withheld or withdrawn.
Can family members override a Directive to Physicians in California?
The directive states that it is the person's intention that it shall be honored by their family and physician(s) as the final expression of their legal right to refuse medical or surgical treatment. This implies that family members are expected to respect the directive rather than override it. The directive is intended to be the final expression of the person's wishes.
What is the legal right to refuse medical treatment in California?
In California, the legal right to refuse medical or surgical treatment is expressed through a Directive to Physicians, as provided by Section 7187 of the Health and Safety Code. This directive allows individuals to accept the consequences of refusing such treatment. It serves as the final expression of that right when the person is unable to give directions.



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