Key legal points about creating a living will in Florida

| Apr 9, 2021 | Estate planning

As Floridians get older, they will want to focus on enjoying life as much as possible. That can include spending time with loved ones, taking vacations and relaxing in general. Still, there are certain inevitable aspects of life and if people are worried about the type of treatment they will be given if they are ill, it may be important to think about a living will. This is part of the law for a health care advance directive and will detail how a person will be cared for if they are unable to express their preferences on their own. When considering a living will and informing medical professionals what treatments should and should not be given, it is imperative to understand the law and to have professional guidance.

Fundamental details about a living will and what physicians should be told

The law specifies the crucial issues in an advance directive. With a living will, the person can create a living will or make a written declaration that will detail how he or she should be treated. That includes giving or not giving life-extending procedures that will keep them alive even if they are terminally ill, if they have a condition in its late stages or they are in a vegetative state. The person is known as the principal. When the document is signed, there must be two witnesses. One must be someone other than a relative or a spouse.

Those who are unable to sign the document can have a witness do so while the principal is present. The medical professionals who are providing care must be informed of the existence of the living will. If the principal cannot do this because of any form of incapacitation when admitted, another person can do so. There must be a copy of the document and it will be placed in the principal’s medical records. The living will itself presumes that these are the principal’s wishes for care.

A full understanding of incapacity planning is imperative

Estate planning for seniors should be detailed and tailored to their wishes. Not everyone wants to be kept alive artificially if they are terminally ill or incapacitated. Some prefer the same control over their care when they are sick as they had when they were well. With that, it is important to know how a living will can detail the care a person gets and ensure that the medical professionals are informed. For this or any other issue related to an advance directive, it is useful to have caring, compassionate and capable assistance.