Sarasota Living Will Attorneys: Protect Your Medical Wishes
When planning for the future, it’s crucial to consider your healthcare preferences. A living will, also known as an Advance Directive or Health Care Directive, is a legal document that specifies how you would like to be cared for medically and who can make decisions about your care if you become incapacitated or permanently unconscious.
Whether due to an accident or a serious illness, a living will ensures that your healthcare wishes are respected, alleviating the burden of decision-making from your loved ones during challenging times.
What Is a Living Will or Advance Directive?
A living will details your medical care preferences in situations where you’re unable to make decisions for yourself. For example, if you’re in a car accident and rendered unconscious, your living will guides doctors and nurses on who should be responsible for your healthcare decisions and what actions should be taken based on your preferences.
Why Do You Need a Living Will Attorney?
Creating a living will involves more than just filling out a form; it’s about ensuring that your specific medical preferences are clearly defined and legally binding.
A well-crafted living will can prevent family disputes and provide peace of mind. The tragic case of Terri Schiavo, a woman who spent years in a vegetative state, underscores the importance of having a living will. Her family spent 12 years battling in court over her care because they could not agree on what she would have wanted.
DIY Living Wills: Risks and Considerations
While it’s possible to create a living will on your own, doing so may result in incomplete or unclear instructions, leaving your loved ones uncertain about your true wishes.
Florida law has specific guidelines regarding life-prolonging procedures, but these may not fully capture your personal preferences on quality of life. An experienced attorney can help you draft a living will that reflects your values and complies with state law.
Florida Living Will Laws
Under Florida law, a living will allows individuals with terminal conditions who can no longer make decisions to refuse “death-delaying procedures.”
Key aspects of Florida’s living will laws include:
- Code Section: Florida Statutes § 765.101 et seq. – Health Care Advance Directives.
- Life-Prolonging Acts: Defines procedures and interventions to sustain life that only prolong the dying process, excluding comfort care and pain relief.
- Legal Requirements: Must be signed by a competent adult in the presence of two witnesses, one of whom cannot be a spouse or blood relative.
- Revocation: Can be revoked by written, dated notice, destruction of the document, oral expression, or through a new materially different directive. Divorce revokes any designation of a former spouse as a surrogate.
- Out-of-State Validity: Living wills executed in other states, if compliant with either that state’s laws or Florida’s, are valid.
- Physician Compliance: If a physician refuses to follow the living will due to personal beliefs, they must transfer the patient to another provider or comply with the directive within seven days.
- Immunity: Healthcare providers following the directives are protected from criminal and civil liability.
How to Update or Revise a Living Will in Florida
Over time, your medical preferences or family circumstances may change, making it necessary to update your living will. To ensure your living will remains current and legally valid:
- Assess the Need for an Update: Reevaluate your living will if there are significant changes in your health, family circumstances, or personal preferences.
- Create a New Living Will: Draft a new document rather than modifying the existing one to ensure clarity and avoid potential conflicts.
- Ensure Compliance with Florida Law:
- Sign and date the new living will in the presence of two witnesses.
- Witnesses must be at least 18 years old, not related to you by blood or marriage, and not beneficiaries of your estate.
- Seek Legal Advice: Consult a Florida estate planning attorney to ensure the document is legally sound and reflects your current wishes.
- Distribute Copies: Provide updated copies to your healthcare providers and relevant family members to ensure your wishes are known and can be followed.
Common Misconceptions About Living Wills
A Living Will is often confused with a standard will or other legal documents related to end-of-life care. Understanding these misconceptions can clarify its purpose and importance.
Misconception: Living Wills are only for the elderly or those with terminal illnesses.
Reality: Living Wills are for anyone who wants to specify their medical care preferences in advance. Health emergencies and unexpected events can happen at any age, and having a Living Will ensures your wishes are known regardless of your current health.
Misconception: A Living Will is the same as a Do Not Resuscitate (DNR) order.
Reality: While both documents deal with medical care, a Living Will outlines your treatment preferences in various scenarios, such as life support or organ donation. A DNR specifically instructs medical staff to withhold resuscitation efforts if your heart stops.
Misconception: Having a Living Will means you don’t need to discuss your wishes with family.
Reality: It is crucial to communicate your end-of-life preferences to your family. This discussion helps ensure that your wishes are understood and respected. Additionally, sharing your Living Will with your physician is advisable to ensure that your medical care aligns with your documented wishes.
Contact Our Sarasota Living Will Lawyers
At Buckman & Buckman, P.A., we offer personalized living will services to ensure your medical wishes are documented and respected. Our experienced attorneys are here to guide you and your family through the process, providing peace of mind during challenging times.
Our Fees: The Estate Planning fees to create your Living Will are $250, and the fee to create a Living Will/Health Care Surrogate is $350.
Contact us today at (941) 676-9897 or complete our online form to schedule your free consultation. Let us help you secure your future healthcare wishes and protect your family from uncertainty.