By Florida Estate Planning Attorneys, Dominico R. Palma and Mary C. Brockman
A Living Will is an important legal tool, or advanced directive, for Florida residents to consider when creating an estate plan. It is a legal document with the purpose of expressing your wishes regarding the type of medical care you choose, including life prolonging procedures, and preferences for pain management, organ donation or other end-of-life medical decisions.
The very specific circumstances when a Living Will is used is when 1.) an individual is incapacitated, and 2.) has a terminal condition, end-stage condition or is in a persistent vegetative state and 3.) two doctors, a treating physician and consulting physician, determine there is no reasonable medical probability of recovery from such condition.
Having a Living Will ensures that your wishes are honored and relieves your loved ones from making difficult and emotional decisions for you. Additionally, it takes sensitive personal decisions out of the hands of medical providers who may not know the desires of their patients.
The Benefits of a Living Will
. Removes the pressure from family members throughout an inherently stressful and emotional experience.
. Alleviates family discord which may occur if there is disagreement about your end-of-life treatment.
. Ensures your final wishes are met regarding the medical care you wish to receive in your final moments and senior years.
. Removes any vagueness or uncertainty about your wishes for medical comfort and care when
you cannot communicate or make decisions for yourself.
Requirements for a Valid Living Will in Florida
. A Living Will must be signed in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the individual signing, sometimes referred to as the “Declarant.”
. If a person is mentally or physically unable to sign their own Living Will, then a designated witness must sign in their presence and under their direction.
. The Living Will must be provided to a primary physician or health care facility to become part of their permanent medical records.
. Under Florida law, any competent adult can execute a Living Will.
Contact our Florida Estate Planning Attorneys
An estate planning attorney at Woodward, Pires & Lombardo, P.A. can help explain options to add to your Living Will. Often, the document is much more complex than simply removing life-prolonging procedures when there is no hope of recovery. There are far more considerations to take into account specific to each individual person’s desires when they near the end of their life. A Living Will helps to give peace of mind to both you and your loved ones.
Woodward, Pires & Lombardo, P.A.
Naples Office:
3200 Tamiami Trail N, Ste 200
Naples, FL 34103
239-649-6555
Marco Island Office:
606 Bald Eagle Dr, Ste 500
Marco Island, Fl 34145
239-394-5161