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Advanced Directives In Florida
Assign Medical Decision Making With A Living Will
An "Advanced Directive" is a generic term for the family of documents that include your health care decisions and the right to die. The most important Advanced Directives are the Health Care Surrogate and the Living Will, although Do Not Resuscitates Order (DNRO) can be extremely important in the right situation. The DNR is signed by your physician and is used in very limited circumstances.
A Living Will is a poorly named document because it is neither a "Will" nor a living trust, both of which involve the transfer and care of property upon death. The living will is actually a "dying declaration" that states your specific intentions on when you would like your life to end.
A living will announces the maker's intent that life support measures can be withdrawn or withheld in many circumstances, usually involving a terminal or end-state condition. Attorney D. "Rep" DeLoach, III is on the Board of Directors of PROJECT GRACE, a Hospice affiliate organization with the mission of educating the public about the need for advanced directives.
A Health Care Surrogate gives the agent of your choice the ability to make health care decisions for you at any time you are unable to make those decisions yourself, or when you are unable to communicate a willing and knowing health care decision. This is very important to the privacy laws that exist today.
Things To Consider When Choosing Your Health Care Advocate
Naming the correct health care surrogate should not be a decision taken lightly. As many have experienced, the decision to withhold life-sustaining treatment can be extremely difficult. Your surrogate must have the will-power and fortitude to follow through with your wishes, even against the objections of family members.
Living Will v. Living Trust
There is a world of difference between these two documents, although many of our estate planning clients will end up with both. A living trust is an estate planning device to avoid probate upon your death. A living will states your end-of-life wishes for your family, friends, physicians, etc.
Food For Thought: Important Considerations Regarding Advanced Directives
An advanced directive (sometimes called a living will or living trust) will tell medical personnel what kind of care you would like to have if you become incapacitated and are unable to make these decisions. A quality advanced directive will describe what type of care you would want if you have an illness that you are unlikely to recover from or if you are permanently unconscious. Additionally, the advanced directive will appoint your health care advocate, who is the person who will make sure that your wishes are carried out. This person should be willing and able to make the decisions you indicate in your advanced directive.
Don't Wait Until It's Too Late
Planning ahead for your incapacity may be uncomfortable, but once this important task is done, you can rest assured that you will have the care you would have chosen and you have taken a great weight from the shoulders of your family. If you would like to discuss creating your own incapacity plan, contact our office at 727-835-5502 or fill out the form on the right for a free consultation. Don't wait until it's too late!