Elder Law: Living Will

In Florida, a Living Will, Health Care Power of Attorney, Do Not Resuscitate Order (DNRO)  and other Advance Directives can ensure that your wishes for medical treatment are honored if you are unable to communicate. Our experienced Florida elder law attorneys in Palm Beach, St. Lucie and Martin counties can prepare these documents for you. Only an experienced elder law attorney should be entrusted with the preparation of these vital plans, since the wording must be precise and encompass all possible scenarios.

Florida also has its own requirements for the execution and witnessing of advance directives, which should:

• Express your wishes regarding the medical care you want to receive if you are incapacitated and cannot communicate your own desires.

• Empower people you know and trust to make medical decisions on your behalf if you cannot make your own decisions.

Many people mistakenly think a Will provides this information. It does not! A Will is a death instrument only. In order to retain control over your medical destiny, you need Advance Directives. These documents may include a Living Will, Health Care Power of Attorney, Do Not Resuscitate Order and other legal documents.

You have the legal right to give informed consent for medical treatment.  The U.S. Supreme Court has held that the due process clause of the Fourteenth Amendment protects a citizen’s “liberty interest in refusing unwanted medical procedures.”