As you gather your estate planning documents for a periodic review, have you included a living will? While a last will and testament distributes your assets through a personal representative, a living will directs your medical team to carry out your end-stage wishes when you cannot.
You may remember Terri Schiavo, the Florida woman who lingered in a vegetative state from 1990 to 2005 because no living will directed her medical team about what to do. Medical breakthroughs have enabled physicians and scientists to keep terminally ill and vegetative patients alive longer, but ethics and the emotional toll on families prompted the adoption of the federal Patient Self-Determination Act of 1991, which spreads the word about how living wills in Florida can be a key part of your end-of-life planning.
If you would like to speak to a trusted wills attorney about adopting a living will, contact The Florida Probate & Family Law Firm to schedule a consultation.
What are the Requirements for a Living Will?
A living will is not the same as a healthcare power of attorney, which authorizes a loved one, friend, or trusted figure to make healthcare decisions when a patient cannot, such as after a devastating car accident. Living wills are also called healthcare directives that patients adopt to instruct medical professionals whether to administer or withhold lifesaving treatment when they are terminally ill or incapacitated and unresponsive. There are also certain rules for a living will to be valid, such as:
- The maker must be at least eighteen years old.
- The living will must be dated and in writing.
- The maker must be mentally competent.
- The maker must sign the living will with two witnesses, one of whom cannot be a relative, including a spouse.
- The living will need not be notarized.
- The living will takes effect once a medical team determines the maker is in a permanent coma or close to death.
About one quarter of Americans have adopted living wills. Let our estate planning attorneys draft one as a crucial gesture toward peace of mind.
Specifics Included in a Living Will
Lifesaving care begins when 911 first responders arrive on the scene with the intent to perform cardiopulmonary resuscitation (CPR). It can include nurses or physicians inserting feeding tubes or placing patients on respirators at the hospital, and involves whether a patient’s living will specifies if they will accept or decline blood transfusions, surgery, kidney dialysis, or medications, hydration, and antibiotics. A living will can specify that chemotherapy is to be terminated or food is to be withheld. Patients are not irrevocably bound to living wills, however; they can be destroyed or updated, as long as the person is deemed legally competent to make that decision.
Even if all these actions are withheld through the living will, patients still receive pain medication to keep them comfortable. Most patients prefer that pain is controlled at the end of their lives, but they can opt out if they are specific in their living will.
Call Our Florida Team to Ensure Your Living Will Upholds Your Wishes
Estate planning documents can include your last will and testament, one or more revocable or irrevocable trusts, powers of attorney, and a living will. You may think that a living will is not necessary, but an accident, dementia, or a debilitating illness that robs you of your mental agility can also rob you of your ability to make end-of-life decisions.
Because you do not know what the future will bring, preparation is crucial so your loved ones are not left guessing what you might have wanted. The Florida Probate & Family Law Firm can advise you about implementing a living will in Florida.