Florida Advance Directive Lawyer Drafts Living Wills

Estate attorney in Sarasota and Osprey prepares instructions regarding healthcare preferences

Most of us have strong opinions about the type of life-saving interventions we feel are appropriate when our condition is terminal. But what happens when we urgently need care, but we’re not in a position to express our opinion? Fortunately, the law makes it possible to have your preferences honored even when you are unable to communicate. At Teresa K. Bowman P.A., CELA (Certified Elder Law Attorney) in Sarasota and Osprey, you can speak to a compassionate and knowledgeable Florida advanced directive lawyer. After learning about your options, I can prepare the appropriate legal instruments based on what you decide.  

What is a healthcare directive?

Under Florida Statute §765, any adult can create an advance directive that instructs healthcare providers to offer, withhold or withdraw life-prolonging procedures. You can also appoint someone as your agent to make medical decisions when you are incapacitated. There are three types of Florida advance directive documents: 

• Living will — A formal declaration to medical professionals and family members about the types of life-prolonging procedures you want used if your condition is terminal and you are unable to tell the doctors yourself. 
• Healthcare surrogate — This document, called an Advance Directive for Health Care, designates one person to act as your agent or proxy for medical decisions should you become incapacitated. Your surrogate consults with treating physicians and determines the appropriate course of care, given your condition and expressed preferences. 
• Medical power of attorney — Like the healthcare surrogate, this document appoints an agent for healthcare decisions. It remains in force even if the principal no longer has legal capacity. The principal can tailor powers as broadly or narrowly as desired.

When you schedule an estate planning consultation, I can advise you on what works best for your situation.

Preparing an advance directive in Florida

To execute an advance directive, you must observe certain formalities. The principal must sign the document in the presence of two witnesses. A durable power of attorney can also be notarized, and you should give your attending physician notice of a living will to keep on file.

But beyond the formalities, you must be clear and specific about the content of your directive. What are the limits to the life-saving intervention you are willing to accept? Who is the person best situated to act as your healthcare proxy? Discussing your options with an attorney who has experience in end-of-life planning is essential. 

Choosing a healthcare agent to fulfill your directives

An attorney can offer guidance on selecting the right agent or healthcare surrogate. A candidate should reflect the following qualities:

• Maturity— Choose a serious-minded person who understands what might be required.
• Reasonableness — An agent might need to weigh numerous factors when exercising their authority and should not be swayed by emotion.
• Availability — Medical emergencies can arise at any time, so your agent needs to be accessible and responsive.
• Fidelity — Regardless of other factors or their own self-interest, an agent must put the principal’s intentions above other considerations.

Often, the people we are closest to emotionally are not necessarily the best candidates to fulfill the responsibilities of a healthcare surrogate. It’s important to have serious discussions about who will fill this role before the need arises. 

Modifying an existing Florida healthcare directive

A principal of sound mind can terminate or modify their advance directive at any time. There might come a time when you might want to revisit, and possibly revise, your living will. For example, a document drafted a decade ago when the principal was in good health might not meet the needs of an elderly patient with a cancer diagnosis. 

Benefits of an advanced directive as part of an estate plan

Having a healthcare directive ensures that you maintain control over your medical care and relieves your loved ones from having to guess as to what you might have wanted while you are incapacitated. It can also prevent highly emotional arguments over the best course of your care. 

Contact a knowledgeable Sarasota attorney to discuss advance directives

Teresa K. Bowman P.A., CELA in Sarasota and Osprey assists clients with all types of advance healthcare directives. For a consultation with an experienced estate planning lawyer, please call 941-735-0811 or contact me online.