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Living Will/Health
Care Directive

A living will is a vital document that empowers you to articulate your preferences regarding medical treatment in specific situations. This advance directive allows you to specify what types of life-sustaining measures you want or do not want if you become incapacitated and unable to make medical decisions for yourself.

Key Features of a Living Will

Through a living will, you can clearly outline your wishes regarding various medical interventions. These measures may include:

  • Cardiopulmonary Resuscitation (CPR): Whether you wish to receive this life-saving procedure if your heart stops beating.
  • Artificial Nutrition and Hydration: Your preferences about receiving food and fluids through tubes if you can no longer eat or drink normally.
  • Respiratory Support: Instructions on the use of mechanical ventilators or other devices to assist with breathing.
  • Blood Transfusions: Whether you consent to or refuse transfusions in critical situations.

Legal Requirements

To ensure that your living will is legally valid in Florida, it must comply with the specific language and requirements set forth in Florida Statute 765.03. This includes proper execution procedures, such as having the document signed in the presence of witnesses and notarized. Because of the legal complexities involved, it is crucial to work with an experienced attorney who can draft your living will accurately.

When Does a Living Will Take Effect?

A living will can be activated under certain medical conditions, including:

  • Persistent Vegetative State: When a person is unresponsive and shows no signs of awareness.
  • Terminal Illness: In cases where a patient has a prognosis of limited time to live, and treatments would not improve their quality of life.
  • End-Stage Medical Condition: Situations where a patient is experiencing a severe decline in health, with little to no hope for recovery.

Ultimately, a physician will assess and determine whether the patient is unable to make their own medical decisions, triggering the activation of the living will.

Why a Living Will is Important

Creating a living will is crucial for several reasons:

  • Clarity of Wishes: It ensures that your medical preferences are clearly communicated to healthcare providers and loved ones, reducing confusion and conflict during emotionally charged situations.
  • Control Over Medical Decisions: By specifying your preferences, you maintain control over your healthcare, even when you can no longer voice your wishes.
  • Relief for Loved Ones: Having a living will in place alleviates the burden on family members, who may otherwise struggle to make difficult decisions about your care in times of crisis.

Conclusion

A living will is an essential component of comprehensive estate planning. It empowers you to make your medical wishes known, providing peace of mind for you and your loved ones. If you’re considering creating a living will or would like assistance in drafting one, contact Michael R. Fried, P.A. Our experienced team is here to guide you through the process and ensure that your preferences are accurately documented and legally sound.
For your initial consultation, please call us at (954) 656-3605 or email mrf@fried-legal.com. Take the important step of planning for your future today.

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