This is one area of law for which it is especially important to hire good legal counsel who can be relied upon to stay abreast of important new laws and recommend appropriate changes. Natural Death Act Declaration California's Natural Death Act allows a person who is over 18 years of age and of sound mind to write a declaration stating what should happen if he or she develops an incurable and irreversible condition. In some other states, this kind of declaration is called a living will . These declarations are controversial and, although many states refuse to recognize them, they are recognized in California. California also recognizes a declaration or living will written in another state in accordance with that state's laws.
Any competent adult can make a declaration.
Although many people have declarations drafted by their lawyers at the same time they have their wills drafted, declarations do not need to be drafted by lawyers. California has a suggested form, which people may use if they wish. Many people seek advice from a doctor before drafting a declaration so they can describe their wishes specifically, taking into account the kinds of medical technology currently available to them. The declaration states exactly what the declarant wishes if a terminal condition is diagnosed by two physicians, including the withholding or withdrawing of treatment or artificially administered nutrition and hydration that prolongs the dying process. It is useful for a person who signs a declaration to inform his or her doctor of what the declaration says.