How to Create a Living Will: A Detailed Guide to Making Your Healthcare Wishes Known

Do you want to have control over what happens to your own health care? If so, it is imperative that you develop a plan for incapacity. The reality is that there could come a time when you are not in a position, either temporarily or permanently, to make your own medical decisions. Indeed, the Centers for Disease Control and Prevention (CDC) reports that approximately 1 in 4 people will be incapacitated at some point during their lifetime. A living will is a must. In this article, our Fort Lauderdale living will lawyer provides a detailed guide to making your healthcare wishes known. 

What is a Living Will?

As simply described by the Mayo Clinic, a living will is “legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself.” In other words, a living will clarify how you want your health care to be handled in the event of incapacity. Most often, a living will address decisions about life-sustaining treatments and end-of-life care. However, the document may certainly address a wide range of other healthcare matters as well. By clearly and unambiguously specifying your choices in advance, a living will not only help to ensure that your wishes are actually followed, but it also takes the pressure and burden off of your loved ones.  

How to Create a Living Will in Florida

How do you create a living will? Your Fort Lauderdale estate planning attorney can help. It is imperative that your living will is written, properly drafted, and notarized. Here are the steps: 

• Know the Law: In Florida, a living will must be in writing, signed, and witnessed by two people. At least one witness cannot be your spouse or a blood relative.
• Speak to Your Doctors: You should not hesitate to raise the issue with a doctor. Your physician can talk to you about medical scenarios to help you make informed decisions. 
• Clarify Your Preferences: You should decide your wishes regarding medical care, including life-support measures, artificial nutrition and hydration, and organ donation.
• Get a Lawyer to Draft the Living Will: Once you decide on your preferences, a living will should be drafted by an experienced Florida estate planning attorney. 

What Should You Address in a Living Will?

What specific medical issues should be addressed in your living will? The answer depends, in part, on your individual preferences. Ultimately, your living will is your opportunity to make decisions about how your medical care should be handled. Here are some provisions in a living will: 

• Life-Sustaining Treatment: Do you want life-sustaining care? If you have specific preferences, a living will is a key estate planning document. You may want to specify whether you want treatments like mechanical ventilation, dialysis, or other measures that prolong life in the event of terminal illness or permanent unconsciousness. 
• Resuscitation Preference: You should indicate if you want cardiopulmonary resuscitation (CPR) performed if your heart stops beating or if you prefer a “Do Not Resuscitate” (DNR) order. It is your choice. If you do not have a DNR in a valid living will, doctors in Florida will provide resuscitative care. 
• Pain Management: Many people have preferences regarding pain management. A living will is the appropriate document to clarify your desires. For example, you can state your preferences for pain relief measures—including the use of strong medications like opioids, even if they might hasten the natural process of dying.
• Nutrition and Hydration: You can also use a living will to outline your wishes about artificial feeding and hydration through feeding tubes or IV lines if you cannot eat or drink on your own.
• Organ and Tissue Donation: Finally, a living will can be used to clarify what you want to happen to your organs and your tissue. For example, you can include provisions related to organ/tissue donation, including any restrictions that you wish to impose. 

All Medical Needs Cannot Be Anticipated (a Health Care Proxy Can Help) 

A living will is an important estate planning document. If you have any specific wishes regarding your medical care, it is imperative that you get those wishes down in writing in a legally enforceable document. At the same time, all of your medical needs cannot be anticipated ahead of time. As crucial as a living will is, it is not sufficient for most people in Florida. The reality is that advances in medical treatments, unexpected emergencies, unique situations, or a wide range of other unanticipated issues may arise, and they may not be fully addressed in your living will. 

A healthcare proxy is the solution. Also sometimes referred to as a medical or attorney (POA), a healthcare proxy is a person who you trust to make healthcare decisions on your behalf if you are unable to do so. Unlike a living will, a healthcare proxy can adapt to changing circumstances and provide input based on the latest medical advice and your known values. It helps to ensure that your overall preferences guide the decision-making process—even in situations you could not foresee. Notably, a healthcare proxy cannot override your living will. 

How Our Fort Lauderdale Lawyer Can Help You With Healthcare Planning

Estate planning is about a lot more than simply determining who should inherit which assets. Health care planning is an essential part of the estate planning process—and for most people, that includes setting up a living will. At The Law Offices of Odelia Goldberg, we have extensive experience with the healthcare side of elder law and estate planning. An initial consultation with our Fort Lauderdale living will lawyer is fully confidential. 

Contact Our Fort Lauderdale Estate Planning Attorney Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale estate planning attorney is standing by, ready to help you find the best solution. If you have any questions about living wills or healthcare planning, we can help. Call us now or contact us online for a fully confidential consultation. From our office in Fort Lauderdale, we provide estate planning services throughout South Florida, including in Miami, West Palm Beach, Hollywood, Hialeah, and Pompano Beach.