Florida State Living Wills

Out of all the documents available to make an estate plan a living will is perhaps the most important. This is probably the only life and death document you will ever sign, unless you’re a judge. Despite how important this document is many people still don’t understand how it actually works. Although this is understandable since it is not one of the most exciting or pleasant of topics. However, if you fail to face this issue, then you lose the ability to make decisions on how your estate will be divided.

A living will is a advance medical directive that expresses your wishes to the type of treatment that should be provided, withdrawn or withheld. These wishes can include life-prolonging procedures. The state of Florida allows you to decide whether life-prolonging procedures should be withdrawn or withheld in the event of a terminal condition, a persistent vegetative state or an end-stage condition. An end state condition is an irreversible condition that results in progressively severe and permanent deterioration which treatment cannot be effective. A terminal condition is when there is no chance of recovery and without treatment can be expected to cause death. A persistent vegetative states means there is a permanent, irreversible condition of unconsciousness. In Florida, only in the event of one of these conditions will a living will go into effect.

Doctors determine the patient’s condition with a legal medical decision. I say legal because there are legal requirements for this procedure before a living will can be exercised. To legally determine the patients condition a patient must be determined to be in that condition by the attending/treating physician and at least one other physician who separately examined the patient. Their determination and findings must be documented, in the patient’s medical record, and signed by both physicians before life-prolonging procedures can be withdrawn or withheld.

If you disagree with the physician’s decision to withdraw or withhold life-prolonging treatment then there is a procedure you can follow to dispute it. While the decision is being disputed the doctor must continue to provide medical treatment to the patient. Within seven days you must seek a judicial review of the disputed decision, or the attending physician may remove or withhold life-prolonging treatments in accordance with the living will.

In conclusion, it is your right to allow or refuse medical treatment, even life-prolonging procedures. Having a living will ensures that your wishes on the type of medical treatment you desire is honored. Your treatment should not be based on the statutes and the opinions of others. Also, failing to express your wishes in a living will could result in your beloved ones being forced to make painful decisions for you without understanding your wishes. If these issues matter to you, then you should create a living will that represents your wishes and desires as soon as possible.

This article has been brought to you by Legal Forms Bank .Biz. At their site you can download a Florida state living will kit with instructions in PDF format so you can fill and print them out at home on your PC. They make it easy to create legal forms yourself without the need for a lawyer.

Why Should I Have a Living Will?

Not having a living will is risky. No one will be appointed to make your medical decisions if you cannot make them yourself. A living will (also called a advanced healthcare directive) is a legal document that will declare what kind of treatment you want if you become incapacitated.

Many people state in their living will that they wish not to be kept artificially alive on life support if there is no chance of recovery. This is because medical bills can stack up quickly and family members could be forced to pay them just so they can give the body a proper burial.

A living will can also be used to direct a physician to withhold or withdraw from certain treatments and even a feeding tube or artificial hydration being used to keep you alive.

It’s very important that your exact wishes be clearly stated in the living will. Specifically state exactly which measures and/or medical treatment you consent to or do not consent to. Also, state exactly under which conditions these measures you consent to or do not consent to be taken. For an example, you may want all the provisions enacted if you are in a vegetative state or have been diagnosed with an incurable or terminal illness. A patient is usually considered terminally ill when their life expectancy is estimated to be six months or less.

Since each state’s laws vary, your living will may not be able to be enacted if it’s in another state than the living will form is for. That’s why it’s important to get only state specific forms. Even though an attorney isn’t required to file a living will form, it is suggested that you consult an attorney to see if your living will is valid in another state. Many people do that when they spend part of every year in another state, or plan to move.

Most states require that your living will form be signed by two witnesses that are not your relatives, your doctor, your doctors staff, or people named in your will. Most states also require you to get this legal form notarized. Some even require you to drag the witnesses to the notary with you when it’s being notarized. Once these necessary things are done your living will form will be legally valid.

You should discuss that you have a legal living will with your family members and even printing out a copy for them and your doctor is a good idea. Then they will know your medical wishes and respect them. This will ensure no one violates the terms of the legal form.

“Why Should I Have a Living Will Form?” has been brought to you by Legal Forms Bank .Biz, a respected provider of do-it-yourself legal forms. They have your state’s specific living will form do-it-yourself kit.