Living Wills Lawyer In Saint Petersburg
Living wills are critical yet often overlooked documents designed to articulate one’s medical preferences during incapacitation. However, navigating the complexities of living will creation requires expert legal guidance.
The Law Offices of Mitchell A. Sherman, Esq., practices estate planning, will contests and estate administration, serving clients in Central Florida and the Tampa Bay area. I, attorney Mitchell Sherman, can help you craft a legally sound living will to reflect your unique health care wishes.
Keep Control Over Your Medical Care No Matter What
A living will has nothing to do with passing on your valuables to your loved ones after you die. Instead, your living will helps you while you are still alive. It is a way of making your voice heard even if a disease or injury ever incapacitates you.
A living will is a document in which you write down when and if you would want life-extending care in a medical emergency. For example, you decide if you would want to be put on a ventilator or feeding tube after a stroke has caused you to become brain-dead. You can also use your living will to explain if you would want a blood transfusion or dialysis in various scenarios. These are important decisions you should not leave to anyone else. A living will allows you to make those choices ahead of time based on your values, health and family situation.
As an estate planning attorney serving Central Florida and the Tampa Bay area since 1992, I can help you set up a living will. I will personally walk you through the entire process of creating a living will that is complete, comprehensive and error-free.
What Is A Living Will? What Is An Advance Directive Or Health Care Directive?
A living will, also known as an “advance directive” or “health care directive,” is a legal document that outlines your preferences regarding medical treatment and end-of-life care if you cannot communicate your wishes due to illness or incapacitation. Traditional wills instruct on the distribution of assets and property after death, while living wills only focus on health care decisions.
The primary purpose of living wills is to give clear instructions to health care providers and family members about your preferences for medical interventions during terminal illness or irreversible conditions.
What Are The Legal Requirements Of Creating A Living Will?
The Florida Statutes outline the legal requirements for creating a living will. Here are the key points:
- When creating a living will, you must be of sound mind and legal age (18 years of age or older).
- While creating the living will, it must be in writing and signed by you or another person in your presence and at your direction.
- The living will should contain clear and specific instructions about your preferences for medical treatment and end-of-life care.
Some key decisions covered in a living will include receiving life-sustaining treatments in the case of a terminal illness or irreversible condition, preferences on resuscitation (CPR) in the event of cardiac arrest, artificial ventilation or mechanical life support and artificial nutrition and hydration (tube feeding), especially in life-threatening situations.
When Does A Living Will Go Into Effect?
A patient’s living will goes into effect when their doctor determines they are nearing the end of their lives and incapacitated, which means unable to understand what is going on and communicate. At that point, the patient’s medical power of attorney takes over making medical decisions for the patient. The medical power of attorney bases their decisions on what is in the living will. That is why your living will must be detailed and based on what you think is best. A good living will helps your family make some of the toughest choices they will ever have to make.
Free Consultations On Living Wills
Contact me at the Law Offices of Mitchell A. Sherman, Esq., to schedule a free virtual consultation. Call 727-616-0365 or send me an email to get in touch. I charge a flat fee for estate planning matters like living wills. That means no hourly billing.