Tampa Living Wills Attorney
In Florida, every legally competent adult has the right to make decisions with respect to their own health. This includes the right to accept or refuse medical treatment. Of course, there are situations where a person is no longer able to make those decisions due to a serious health condition, such as the onset of dementia or physical injuries that place an individual in a persistent vegetative state.
Even if you are in good physical and mental health now, it is still important to consider what you want your health care providers to do should you no longer be able to communicate your wishes. An experienced Tampa living wills attorney can help you in this area. Knudsen Law is a full-service Florida estate and probate firm that assists clients in preparing living wills and other advance directives for health care, which ensures your needs are understood and met even should the worst happen.
How Does a Florida Living Will Work?
The term “living will” can be misunderstood. Unlike a traditional will, it has nothing to do with the disposition of your property upon death. To the contrary, a living will deals with how to manage your affairs, specifically your health care, while you are still alive.
In broad terms, a living will is a written or oral statement that you make regarding what kinds of medical care you want–or do not want–if you become incapacitated. Living wills usually take effect in one of three circumstances:
- You have a terminal medical condition.
- You have an end-stage medical condition.
- You are in a persistent vegetative state.
Under your living will, you can direct your doctors to withhold or withdraw any life-prolonging procedures. This includes refusing any medical or surgical treatment. It can also include providing any food or water.
Because of the serious–and irreversible–nature of a living will’s instructions, Florida law requires certain formalities be strictly observed. For instance, a living will must be signed by the maker in the presence of two witnesses. At least one of these witnesses cannot be the maker’s spouse or a blood relative of the marker. If the maker is too ill to personally sign a living will, they can direct one of the witnesses to sign the document in their name. Once signed, the maker must notify their physicians that they have a living will.
Contact Our Tampa Living Wills Attorneys Today
A living will is just part of a comprehensive estate plan. You should also have a designation of health care surrogate, which appoints an agent to make additional health care decisions for you in the event of your incapacity. Your surrogate is still bound by the instructions in your living will, which is why you need both documents.
If you need legal advice or assistance in this area, it is best to speak with a qualified Tampa living wills attorney as soon as possible. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
