Understanding the Importance of a Living Will

In Florida, a living will aims to ensure a natural and dignified death for the principal. By including specific instructions and designating a health care surrogate, the principal's wishes can be carried out effectively. Victoria Law is here to offer her expertise and guidance in preparing your living will in Florida.

Content of a Living Will in Florida

A living will addresses various procedures and treatments, including:

1. Mechanical Respiration

2. Artificial nutrition and hydration

3. Antibiotics

4. Pain relief

While discussing these topics may be difficult, it is essential to answer them in advance, ensuring that the necessary procedures are in place to honor the principal's wishes at the end of their life. If a healthcare surrogate is appointed, they bear the unique responsibility of executing the principal's end-of-life instructions.

Reasons to Include a Living Will in Your Estate Plan

Many individuals choose to create a living will to ensure their end-of-life decisions align with their religious beliefs or practices. It provides peace of mind, knowing that the principal's situation will be handled according to their specific preferences or the judgment of a trusted healthcare agent in the event of incapacity. Additionally, a living will alleviates the burden on family members, who would otherwise be responsible for making life and death decisions on behalf of the principal.

Limitations of a Living Will in Florida

It is important to note that a living will cannot serve as a do not resuscitate order (DNR) or a physical order for life-sustaining treatment (POLST). Additionally, a living will typically does not address instructions for the disposition of the principal's remains or specify the decision-maker in such matters. These aspects are usually covered in a separate will document.

Execution Requirements of a Living Will in Florida

To execute a living will in Florida, the principal must be a competent adult. The document should clearly express the principal's wishes regarding the withholding of procedures and treatments in the case of an end-stage condition, terminal situation, or vegetative state. While a living will does not require notarization, it is advisable to have it signed in the presence of a Florida Notary as a best practice. Two witnesses must be present at the time of signing.

Revoking a Living Will

A living will in Florida can be revoked by signing and dating a revocation statement, physically destroying the document, expressing the intent to revoke, or creating an amended version. While verbal revocation is allowed by Florida law, it is not recommended as it can lead to ambiguity and potential validity issues. In the case of divorce, unless specified otherwise by the principal, the living will is revoked. Subsequent documentation should clarify the revocation of previous living wills.

Contact Victoria Law

Preparing a living will as part of your estate plan is a crucial step towards ensuring your end-of-life decisions are respected and carried out according to your wishes. With Victoria Law's expertise and guidance, you can navigate the complexities of creating a living will in Florida with confidence. Contact Victoria Law aby filling out the form below to benefit from our comprehensive assistance in preparing your living will.