Having a complete estate plan requires you to have more than a will. There should be real estate deeds, health care directives, trusts, life insurance, and other asset documentation. However, all of these documents become relevant after death. You also need documents to address what happens when you become incapacitated. These living will questions and answers will help you get started.
1. How Does a Living Will Differ From a Regular Will?
A regular will is a document that outlines what you want done with your belongings, assets, and financials after you die. The purpose of the document is to distribute everything you own to beneficiaries. The will is filed post-death and then administered in probate court.
A living will is a document that outlines your wishes at the end of your life but before you pass away. It will typically outline medical directives such as whether you want to be resuscitated or receive life-prolonging procedures. It could also explain whether you want organ donation.
2. Are Living Wills Legally Binding in Florida?
A correctly prepared living will with legally enforceable terms is a legally binding document in Florida. Only individuals who are mentally capable of making a legally binding document can prepare an enforceable living will. Florida law defines the procedural requirements to have an enforceable document:
- Signed by the maker in front of two witnesses
- At least one of those witnesses cannot be a spouse or blood relative of the marker
- Everyone must sign in front of each other and in the same room
- Notify your primary doctor that you have a living will
3. Can I Change or Revoke My Living Will Once It’s Created?
One of the most common living will questions and answers is whether or not you change it after making it. The answer is yes. You can change or revoke your living will at any time. There are specific ways to legally change or revoke your living will.
- Destroy the document
- Execute a revocation
- Notify your healthcare provider
- Sign and date a letter stating your revocation
4. Who Should I Choose as My Healthcare Surrogate or Power of Attorney?
The person you choose to be your representative should be someone you trust. It needs to be someone who knows you well and can accurately understand your wishes. You should have confidence that your chosen person will make decisions on your behalf that you would agree with. Typically, people look to close family members or friends. Choosing your doctor, doctor’s spouse, or medical facility employees is not advisable. This can create problems with professional ethics and facility hierarchy. There can also be a conflict of interest and liability issues when your medical team is also deciding what you would want.
5. How Do Healthcare Providers Access My Living Will in an Emergency?
Once your living will is completed, provide a copy to your chosen representative or agent. You may also give a copy to your doctor to keep in your medical records. In an emergency, your chosen agent will give the living will to the hospital or other medical care provider. They will also request that a copy be added to the medical record.
Ask Your Living Will Questions and Answers
Creating a living will can give you peace of mind as you enter the twilight years of your life. By clearly outlining your wishes, you can feel confident that you will receive the care you desire. Speaking with an experienced attorney should be your first step. A lawyer can go over all of your living will questions and answers.
Schedule a consultation today and speak with our estate planning lawyers about preparing your living will.
