How to Write a Florida Living Will

By Heather Frances J.D.

When you are no longer capable of making your health care decisions, your physicians can rely on documents you create now to guide your treatment. Chapter 765 of the Florida Statutes addresses these documents, called advance directives. Sections 765.303 and 765.304 give a suggested form for your living will and instructions on how to enact it.

Living Will

A living will is a type of advance directive, given orally or in writing, that tells your physicians and loved ones what kinds of medical treatment you want or do not want if you become unable to make your own decisions in the future. For example, a living will can direct your health care if you are in a coma or unable to make decisions because of diseases like Alzheimer’s or dementia. By creating a living will, you are making decisions now to cover situations you might encounter in the future.

Writing Your Living Will

In Section 765.303, Florida law provides a suggested form for your living will. This form gives you an opportunity to decide when you want the living will to take effect. The Florida form states that you don’t want life-prolonging procedures when they would only prolong the process of dying. However, you can tailor your living will to meet your health care wishes, such as indicating what types of treatment you want your physicians to perform and treatments you do not want. For example, your living will could indicate that you want artificial nutrition provided but do not want artificial respiration.

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Health Care Surrogate

Florida’s form also provides a place for you to designate a health care surrogate. Your health care surrogate is someone who can make medical decisions for you while you are incapacitated. Your surrogate must make health care decisions he thinks you would have made if you were capable of making medical decisions. You can also designate an alternate surrogate to act if your original surrogate is unable or unwilling to make your decisions.

Finalizing Your Document

At least two witnesses must observe you signing your living will, or two witnesses must hear you give your oral living will. At least one of your witnesses must not be your spouse or a blood relative, and neither witness can be your health care surrogate. Living wills do not need to be notarized in Florida. Once your living will is signed, you should give a copy to your health care surrogate if you named one. You should also make your physicians and loved ones know what your living will says, and you may wish to give them a copy.

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Healthcare Proxies Vs. Living Wills
 

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Does a Living Will Expire?

A living will provides you with the freedom to determine how medical decisions should be made in the event you become unable or unwilling to make them for yourself. The document also allows you to appoint a health care representative to act on your behalf to carry out these wishes. Although state laws can vary, living wills generally do not expire while you are alive, absent special circumstances or your express intent.

Living Will Requirements in Michigan

In Michigan, a living will is one of three types of advance directives; the other two types are a durable power of attorney and a do-not-resuscitate order. An advanced directive is a document signed by an individual that specifies what type of medical care he wants in the future, or who he wants to make decisions for him if he loses the ability to make his own decisions. The Michigan legislature has not given any legal force to the living will in Michigan, although 47 other states have done so.

Statutory Will V. Living Will

A will is a declaration of how you want your assets distributed following your death. A statutory will is a simple type of will legally recognized by only a handful of states. A living will provides directions for carrying out your wishes regarding your health care if you become incapacitated and cannot make decisions for yourself. A regular will and a living will can work together as part of an overall estate plan.

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