Final Requirements of Your Health Care Directives in California
Final Requirements of Your Health Care Directives in California
When death comes you do not stay for one minute in the place it has visited. Many things arrive after death-sadness, questions, and policemen- and none of these can be answered when your papers are not in order.
- Chris Cleave
In composing your health care directives, it is imperative that you follow the rules of the state in which you live regarding the requirements to make your document valid and binding.
Your signature is one of the most important state requirements for a Health Care Directive. You can sign it or let someone sign on your behalf. The requirement for notarization and having witnesses sign your document vary from state to state. You can check out the free preview of your health care directives that meet your state requirements at 12Law.
Document Signing
Signing your document immediately after making your health care document is not advisable because, depending on the state law, there should be witnesses present when you sign you documents to confirm the soundness of your mind and that you are of legal age when the document was made. The presence of witnesses or a notary public can help establish the validity of your health care document.
If you are helping someone ill or weak prepare health care documents, this person can let you or another person sign the documents under their direction. The signer and the person making the document should appear in front of witnesses and a notary public so that there are people who can confirm that the document maker wishes are reflected accurately, and that the document was signed willingly.
Witnessing and Notarization
Depending on the state of residence, some states require only witnesses to attest to the health care document signature and others require it to be notarized. Some states need both. It is important to know the requirements of the state for signatures and the naming of your health agent. 12Law can clarify all the legal requirements for your state with a free preview.
Witnessing
Two witnesses are the typical requirement for the signature of your health care documents. They will confirm that you are indeed of sound mind and signed your document willingly without being compelled to do so. The state can also have rules regarding who is qualified to be a witness to the signing of the documents. Those who are not allowed to sign as witnesses are the spouse, close friends or relative, and any person who would inherit property from you. This is to ensure that there is no conflict of interest either personally or professionally in your health care.
Notarization
The notary publics' rule is to verify the affixed signatures on any document. In the case of your health care document, the notary public will be present when you finally signed your finished health care document. He or she will in turn sign on the notary language on the form or fill in another form to be attached to your document. Be prepared to show the notary your identification or ID. Banks and hospitals often offer free notarization services.
Common Terms Found in a Health Care Document and their Corresponding Meaning
• Beneficiary. The person entitled by the deceased person to inherit property
• Beneficiary of a will. Refers to any person or organization named in a will to receive property, either as a first choice or if the first choice as beneficiary does not survive the person making the will
• Claim against the estate. Any right that a person to receive property from a deceased person's estate because of a legal liability of the deceased, to the person.
• Devisee. Refers to any person who either is entitled to inherit property from a person under state law or who has been named to inherit property in a will or Living Trust.
• Heir at law. Any person, usually the spouse, children, brothers and sisters or parents of the deceased who qualifies to inherit property from a person under state law. However, if none of these people exist, an heir at law might be a niece, a nephew or even a distant cousin.
• Inherit by operation of law. These laws are commonly referred to as the "laws of intestate succession". When a person dies with no will or other legal devices and owns property, the property will be distributed according to the laws of the state where the person died. The property is usually given first to a spouse and children and then to parents, brothers and sisters
• Presumptive heir. Refers to the person who would inherit property under state law unless a child was later born to the current owner of the property the presumptive heir expects to receive.