The Importance Of Having A Comprehensive Living Will
Anyone can get into an accident or experience a sudden illness that renders them unable to make important life-or-death medical decisions. A living will is a way to leave instructions for your loved ones and medical providers if you become incapacitated and cannot communicate them yourself.
At The Day Law Office, our Spring Hill attorneys assist clients throughout Hernando County with establishing living wills as part of our comprehensive estate planning services. As a husband-and-wife team, we understand the importance of family. A living will not only ensures that your doctors honor your wishes but also protects your loved ones from making tough decisions on their own.
Ensuring That Your Doctors Honor Your Wishes
Similar to a health care directive, a living will in Florida is a document that gives specific instructions about your medical care decisions and is used when you cannot make decisions on your own.
A living will may include instructions regarding:
- Feeding tubes
- Antibiotics
- Ventilators
- Comfort or palliative care
- Organ donations
- Dialysis
- Resuscitation
You can also set a time frame for ending life support or how long you want certain life-supporting measures to last. These are difficult decisions that require a lot of thought and consideration. We will help you consider your options and walk you through the process step by step.
Frequently Asked Questions About Living Wills In Spring Hill
Families often have questions about how a living will works and how it fits into a broader estate plan. Below are answers to some of the most common concerns we hear from clients meeting with an attorney or lawyer about advance directives.
Is there a difference between a living will and a last will and testament?
Yes. A living will and a last will and testament serve entirely different purposes. A living will addresses your medical treatment preferences while you are still alive but unable to communicate, such as whether you want life-sustaining treatment, artificial nutrition, ventilator support or resuscitation.
By contrast, a last will and testament becomes effective after death and addresses how your assets, property and belongings should be distributed. It may also name guardians for minor children and identify the person responsible for administering your estate.
Because these documents address different life stages and different legal concerns, both are important parts of a comprehensive estate plan. This distinction helps families avoid confusion during emotionally difficult medical situations.
Should my doctor and family have a copy of my living will?
Yes, absolutely. A living will is only helpful if the people responsible for your care can access it quickly. You should provide copies to:
- Your primary care physician
- Any specialist involved in long-term care
- Your spouse or closest family members
- The person named in your health care surrogate documents
- Any hospital or assisted living facility where you receive care
Keeping an additional copy in an easily accessible location at home is also helpful. Providing copies in advance can help reduce delays and uncertainty if an emergency occurs.
Can a living will be overridden by family members?
In general, your family cannot simply override a valid living will because they disagree with your choices.
Florida law gives significant legal weight to a properly executed living will, and medical providers are expected to follow the directives it contains when the triggering medical circumstances arise.
However, disputes can occur if the language is unclear, outdated or conflicts with other health care documents, such as a health care surrogate designation. This is one reason working with an experienced attorney is important. Clear drafting can help reduce the likelihood of family disagreement and make your wishes easier for doctors and loved ones to follow.
A well-prepared living will not only protect your medical choices but can also spare your family from conflict and uncertainty during an already stressful time.
Let’s Work Together On Creating A Plan For Your Family And Health Care Providers
Working with an experienced lawyer on drafting your living will can make a huge difference in the clarity of your instructions. We understand how overwhelming these discussions and decisions can be. We will work with you through every step of the process.
To discuss your living will and estate plan in a free initial consultation, call us at 352-200-2382 or complete our online contact form. From our office in Spring Hill, we can assist clients in Citrus, Pasco and Hernando counties.