Polk County Living Will Attorneys
The attorneys at Mint Law are experts in creating Living Wills, otherwise known as “Advanced Directives.” What is a living will, how do these documents differ from a Last Will and Testament, and are they necessary? The brief primer below answers these questions and more, serving as an introductory guide on the subject. It’s our hope that after reading this, you’ll better be able to better determine whether creating a Living Will is something that should be considered.
What Is a Living Will
Not to be confused with a last will and testament, a living will is a legal document that dictates which medical procedures an individual may or may not wish to receive in the event they are unable to communicate those wishes themselves. Stated another way, these documents provide guidance to your physicians, family, and loved ones about how to best handle difficult medical decisions when you are unable to do so yourself.
Benefits of a Living Will
Living wills are considered one of the “standard” documents included in an estate plan because they are both important and provide benefits to a number of parties:
- Persons Making the Directive (Declarant): Being incapacitated, the declarant of the living will is unable to communicate their opinion on important medical decisions. This document extends their control, ensuring that they continue to retain domain over themselves. With this control comes peace of mind that should anything unfortunate occur, their values and beliefs regarding medical treatments or interventions will honored.
- Family and Friends: Without a living will, family and friends are left to guess the course of action that you would have taken . Chances are that there will be varying opinions, sometimes influenced by their own (as opposed to the declarant’s) personal opinions and beliefs. Living wills provide certainty to friends and family, which in turn reduces the burden placed upon them. Practically, these documents help to prevent potential disagreements between loved ones.
- Healthcare Providers: With a living will, healthcare providers can tailor their medical plans with greater efficiency. They will be less encumbered with directions from multiple individuals with differing opinions.
How a Living Will is Validly Executed in Florida
Under Florida law, creating a valid and enforceable living will is relatively simple but does involve more steps than stating “I wish to only have medical treatments X,Y, and Z rendered in the event of incapacitation.”
First, the declarant of the living will has to be at least 18 years old and of sound mind. This means that they must understand both the nature of the document and the directives that are being given. Second, all living wills in Florida must be signed by the declarant in the presence of two witnesses, one of whom is neither a spouse nor a blood relative. If they are unable to physically unable to sign the document, one of the witnesses can subscribe the declarant’s signature, but only in the declarant’s presence and at their direction. Note that the State does not require the presence of a notary, though we at Mint Law Firm suggest one to better ensure authenticity and validity.
The subject matter of a living will is something that most do not think about very often. And for many, making these choices can be quite uncomfortable. Therefore, the content of living wills are tailored to each individual’s personal preferences. Typical subject matter in these documents provides instructions on:
- Life-sustaining treatments such as CPR (cardiopulmonary resuscitation), mechanical ventilation, artificial nutrition (feeding tubes), hydration (IV fluids), and dialysis.
- Comfort care such as pain management and hospice.
- Specific medical conditions such as terminal illness, permanent coma, or persisted vegetative state.
Many living wills also name a medical proxy or healthcare power of attorney. This individual ensures that the declarant’s directives are both conveyed and followed.
Some have very strong opinions or beliefs about all of the medical procedures listed above and choose to include a directive for each. Others either don’t have an opinion or do not wish to render one. Instead, they choose to leave the decision with their medical proxy or healthcare power of attorney. Including instructions on all, none, or some of the above is perfectly fine. There are no legal requirements on what decisions a Living Will must include to be legally enforceable.
Mint Law Can Assist With Your Living Will
At Mint Law Firm, we are committed to helping you take control of your healthcare decisions and ensuring that your wishes are clearly communicated and legally protected. Our experienced attorneys will work closely with you to draft a living will that reflects your values and provides clarity in the event of a medical emergency. By entrusting us with this important step, you can have peace of mind knowing that your desires will be honored, and your loved ones will be spared the burden of making difficult decisions on your behalf. Contact Mint Law Firm today to begin the process and ensure your healthcare wishes are safeguarded.