What Is a Living Will in the state of Florida?
A living will of a resident in Florida states whether or not their life should be artificially prolonged if they are incapacitated and have a terminal condition or end-stage condition or are in a persistent vegetative state and their physicians determine there is no reasonable medical probability of recovery. Many individuals state that they would not want life sustained in this situation so they sign a living will. Sometimes a living will is confused with a living trust. They are quite different legal documents. A living trust has to do with assets, but a living will has to do with health care.
A living will is a directive to a medical professional that states that you do not want “extraordinary means” employed to keep you alive should you be in a terminal condition or in a permanently unconscious state. This will not only relieve your family of the burden of applying to the courts to authorize stopping artificial life support but will also relieve your family from having to make this decision at all.
A living will is a specific type of “Advance Directive.” It is usually a witnessed written document that specifically instructs a person’s physician on what kind of life prolonging procedures to start under certain circumstances as defined by state law. These life prolonging procedures include any medical procedure or treatment (including provision of artificial food and water) that restores or maintains life function. It excludes medical procedures or medications used for comfort purposes only.
The purpose of the living will is to specify what, if any, life prolonging treatment, is to be initiated by a person’s physician when one of three conditions exist: an end stage condition, a persistent vegetative state, or a terminal condition ? all of which are defined by state law. This document does not address the person’s instructions for medical treatment for any other conditions that may exist while the person is incapable of expressing their wishes for treatment. To appropriately manage those circumstances, it is recommended that a person have one or more of the following: a Medical Power of Attorney, a Health Care Surrogate Designation, a Do Not Resuscitate Order, or an Anatomical Gift Designation.
Also referred to as an Advance Medical Directive, a living will details your preferences concerning medical life support if you have a terminal illness and are unable to articulate your desires. Generally, a living will is accompanied by a Durable Power of Attorney for Health Care, which delegates someone the power to make healthcare decisions for you in the event of your incapacity.
A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.
This document illuminates in writing what your desires are concerning end of life treatment.
Known as an Advance Medical Directive at times, a living will enables individuals to articulate their preferences in advance concerning the kinds of medical life support measures they desire, or wish to be withheld/withdrawn, if they are in an irreversible condition (without reasonable prospect of improvement) and incapable of communicating their desires. Frequently, a living will is established together with a Durable Power of Attorney for Health care, granting legal authority to an appointed individual to make health care decisions in instances where one is incapable of doing so.
A living will is a directive about life-ending procedures in the event that two physicians determine you have a terminal condition, you’re in a vegetative state, and it’s irreversible. You’re making your intentions known whether or not you want to continue to be kept alive by artificial means. It’s a way for you to say you want life-sustaining measures discontinued or you want to be kept alive in the event that you’re determined by two physicians to be terminal, vegetative, and irreversible.
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