Benefits of a Living Will in Florida

Your living will brings you and your family peace of mind by enabling you to express your end-of-life medical treatment preferences. This document ensures your wishes are respected and effectively communicated to medical professionals and loved ones. You thereby relieve caregivers of difficult decisions during crises.

Having a living will in place can offer these advantages, allowing you to maintain control and clarity regarding your healthcare decisions:

Your Medical Care

You will control medical treatment, even when you cannot express your preferences due to illness, accident, or age.

Your Personal Values

You uphold personal values and beliefs and avoid disagreements among your family members or healthcare providers.

Your Dignity

You become empowered and dignifed, ensuring that your wishes will be honored, even if you are unable to personally communicate them.

Your Peace of Mind

You receive peace of mind and your anxieties are relieved in uncertain medical situations.

What are the rules in Florida for this type of Will?

In Florida, the rules for a living will are governed by the Florida Health Care Surrogate Act. This act enables you to express your desires regarding medical treatment in the event you are unable to make decisions for yourself. To be valid, a living will in Florida must be in writing, signed by you (the “declarant”), and witnessed by two individuals. One of the witnesses must not be a spouse or blood relative of the declarant.

What is the difference between a living will and an advance directive in Florida?

You can focus on end-of-life medical treatment decisions through a living will.  An advance directive encompasses a broader range of healthcare decisions. An advance directive may include a living will, but you can also appoint a healthcare surrogate who can make medical decisions on your behalf. In other words, a living will is a subset of an advance directive, addressing end-of-life care preferences.

Can a power of attorney override a living will in Florida?

A power of attorney does not typically override a living will. It grants authority to another person (referred to as the “agent” or “attorney-in-fact”) to make decisions on your behalf. It typically applies to financial and legal matters. However, a power of attorney does not usually extend to healthcare decisions unless specifically stated. A living will takes precedence over a power of attorney when it comes to end-of-life medical treatment decisions.

What is the purpose of a living will in Florida?

The primary purpose  is to ensure that your medical treatment wishes are respected, even if you cannot communicate them. When expressing your desires in a legally binding document, you can guide healthcare providers and loved ones during difficult times. This allows personalized and dignified end-of-life care, providing peace of mind for you and your family members.

Does a Living Will expire in Florida?

A living will does not expire in Florida. Once a living will is properly executed, it remains valid until it is revoked or replaced by a new living will. However, you should review and update a living will periodically. Ensure that it aligns with your current wishes and any changes in the law.

Providing Clarity to Your Loved Ones

Above all, having a living will in Florida offers multiple benefits. You are able to make informed decisions about medical treatment. You provide clarity to healthcare providers and loved ones. Understand the rules and regulations surrounding living wills; to differentiate between a living will and an advance directive, and grasp the role of a power of attorney.

Take proactive steps today and create estate planning documents that ensure your wishes are respected, even during challenging circumstances. For guidance and assistance in creating a living will, reach out to Law Offices of John Mangan, P.A. Our experienced team will ensure that your wishes are legally protected and provide peace of mind for you and your loved ones. Don’t wait, schedule an initial meeting today and take control of your medical treatment decisions.

Law Offices of John Mangan, PA
Palm City – Stuart, FL
CALL: 1 (772) 218-0480

Do you question the need for attorney guidance with so many online resources? Because laws and regulations are complex, and because every person has a lot at risk, more people than ever are seeking professional guidance from an experienced, knowledgeable source. That helps explain the rapid growth of our firm. Whether you happened upon this website by accident or are one of the many referrals we receive from a nearly 15-year collection of satisfied clients, our staff can provide customized estate planning guidance for you. Call us. Our number: 1 (772) 218-0480

Written by: John Mangan, JD, MBA