Can Advance Directives Be Verbal in Tampa?

Many Tampa residents choose advance directives to express their medical preferences ahead of time. It is generally a good idea to take this step with guidance from an estate planning lawyer in Tampa, as simple mistakes could cause issues in the future. A common question is whether advance directives can be verbal, or whether they need to be formalized in writing by estate planners.

Advance Directives Can Be Written or Oral

Health Care Transparency in Florida clearly states that advance directives can be either written or oral. Sometimes, people facing life-threatening issues choose to make oral statements – especially when there isn’t enough time to create a written document. A patient might also choose an oral advance directive if they are physically incapable of signing a document. That said, you should know that patients who are mentally incapacitated cannot sign advance directives or any other estate planning documents.

Specifically, a “living Will” can be verbal. However, witnesses are required whether the patient chooses to make an oral statement or a written statement. These requirements state that a living Will must have two witnesses, and one of these witnesses must be a non-family member. If there is not much time, the obvious choice is to enlist a doctor or nurse to act as a witness. However, this decision is yours to make.

Why a Written Advance Directive Might Be Better

Generally speaking, it makes more sense to choose a written advance directive if possible. These written documents are often clearer, and they are less easy to dispute or challenge in court. Witnesses may also fail to remember exactly what the patient said, and the two witnesses might disagree about what they heard. A written signature also shows that you are capable of understanding the document.

If an oral advance directive is the only option, consider using a video camera or an audio recorder to reduce the chances of disputes and disagreements in the future. Most people have access to these recorders via their smartphones, and this evidence can help prove exactly what the patient said before passing. Footage and audio recordings may also show that the patient was mentally capable of uttering these statements (and understanding their implications).

Note that advance directives can only control certain medical decisions ahead of time. Patients may also wish to establish healthcare surrogates to hand over decision-making power to a trusted loved one as well.

Can an Estate Planning Attorney Help With Advance Directives in Seminole?

In Florida, advance directives can indeed be verbal. That said, those who wish to make verbal statements about their medical preferences must follow proper legal steps – and they must adhere to the various witness requirements. It may be preferable to put these preferences in writing for various reasons. You can learn more about these requirements with an estate planning lawyer in New Port Richey. Discuss your next potential steps with Knudsen Law today.

Sources: 

quality.healthfinder.fl.gov/report-guides/advance-directives

palmbeach.floridahealth.gov/programs-and-services/clinical-and-nutrition-services/registration-forms-clinic-services/_documents/health-care-advance-directives-english.pdf