The Importance of a Living Will: Ensuring Your Medical Preferences Are Honored

A living will gives you a voice in your medical care when you can no longer speak for yourself. It is an important estate planning document that every person in Florida should have in place. You can use a living will to outline your preferences for life-sustaining treatments, pain management, and other critical decisions. Without a living will, loved ones may be forced to make difficult choices without knowing your wishes. At The Law Offices of Odelia Goldberg, we have extensive experience setting up living wills and more comprehensive estate plans in Florida. Here, our Fort Lauderdale estate planning attorney provides a guide to the importance of a living will. 

What is a Living Will?

Here is one of the central challenges of estate planning: There may come a day when you are no longer able to handle your own legal, financial, or medical affairs. It could be temporary or permanent. A living will helps you to ensure that your medical wishes are followed, no matter what tomorrow might bring. It is a legal document that allows you to state your wishes about medical care if you become unable to communicate due to a serious illness or injury. In Florida, a living will may be used to clarify the types of life-sustaining treatments you do or do not want. It gives your doctors and family clear (and legally enforceable) guidance. 

Know the Law: Living Will in Florida

For a living will to be valid, it must meet certain requirements in Florida. Otherwise, doctors may not follow the instructions contained within it. Under Florida Statute 765.302, there are several legal standards that must be satisfied. To start, you must be at least 18 years old and of sound mind at the time of execution of the living will. Otherwise, the document carries no force of law. 

The living will must be in writing and signed by the declarant (you), or by another person at your direction if you are unable to sign. Finally, the document must be signed in the presence of two adult witnesses. At least one of those witnesses should not be a spouse or other relative. In Florida, a living will does not need to be notarized to be legally valid. However, there are some advantages to getting the document notarized. It will be easier to verify its validity if a conflict arises over it. 

A Living Will Protects Your Loved Ones from Difficult Decisions

You do not want to leave your spouse, parents, adult children, or any other loved one with the tough task of making medical decisions on your behalf should you not be in a position to do so. For that reason, one of the most important reasons to create a living will is to spare your loved ones from that burden. If you become incapacitated and are unable to communicate your wishes, your family may be left struggling with whether to continue life-prolonging treatments. It can lead to emotional distress, disagreement among relatives, and even legal conflict. 

A clear, well-written living will permits you to make those decisions ahead of time. That means that your family does not have to guess what you would want. They do not have to make the tough calls. You will have already answered the questions ahead of time. A living will serves as a powerful expression of your preferences and removes ambiguity during a time of crisis. In Florida, where healthcare providers and families must navigate complex end-of-life care, a living will ensures your voice is heard. That can make things a lot easier for your family during already challenging times. 

Understanding When a Living Will Takes Effect in Florida 

A living will only becomes active under very specific conditions defined by Florida law. Once again, the relevant statute on this topic is Florida Statute 765.302. The document can be used when a person is no longer able to make or express decisions due to a terminal condition, an end-stage condition, or a persistent vegetative state. In most cases, a physician (or multiple physicians) must determine that you lack the capacity to make informed decisions about your medical care. Until those criteria are met, your living will has no legal effect. You remain in full control of your healthcare choices. Florida law helps to ensure that your autonomy is preserved while you are still capable, but that your preferences are honored if you lose the ability to communicate. 

Living Wills and the Role of a Health Care Surrogate in Florida

A living will allows you to effectively “pre-decide” on key health care-related issues. However, the reality of life is that it is simply not possible to anticipate all of your potential future health care needs ahead of time. For that reason, it is usually best practice to empower a trusted loved one to work alongside your living will to protect your best interests. Indeed, in Florida, a living will often works hand in hand with the designation of a health care surrogate. Broadly explained, a health care surrogate is a trusted person you authorize to make medical decisions on your behalf if you are incapacitated. 

While a living will outlines your wishes for life-sustaining treatment, your surrogate interprets and communicates those wishes to your healthcare providers. The surrogate’s role becomes especially important in situations not specifically addressed in the written document. Under Florida Statute 765.202, your surrogate must act in your best interests and according to your known values and instructions. Appointing someone you trust helps ensure that your living will is followed and respected. Notably, your health care surrogate cannot override your living will. 

Why Rely On Our Fort Lauderdale Estate Planning Attorney

A comprehensive estate plan should include a living will. It is a legal document that, when properly drafted, helps to ensure that you can control your own health care wishes. At The Law Offices of Odelia Goldberg, we provide proactive, personalized estate planning services to clients. With extensive experience helping people and families with living wills, our Fort Lauderdale estate planning lawyer has the experience you can trust. Your initial consultation is confidential and carries zero additional obligations. 

Contact Our Fort Lauderdale Living Will Lawyer Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale living will attorney has the knowledge, skills, and legal experience that you can trust when it matters most. If you have any specific questions or concerns about living wills, please do not hesitate to contact us today. With an office in Fort Lauderdale, we provide estate planning representation throughout the region.