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Florida Estate Planning by Leesha Newkirk-Crouch: Living Wills

Living Wills

"A Living Will is not a Will at all. Rather, it is your written instructions specifying your healthcare wishes, should you not be able to speak for yourself. It tells medical providers which treatments you do or do not want if you are incapacitated (i.e. in a coma or vegetative state), and unable to make your own decisions. This can include respiration and ventilation, tube feeding and resuscitation. 


A Living Will allows you to ask for all available treatment options and medical techniques, or to choose some medical options and reject others. Living Wills exempt doctors who follow them from civil or criminal liability as long as the care directives comply with reasonable medical standards. The laws do not allow civil or criminal remedies for a physician’s refusal to end life-sustaining treatment.

A Living Will does not become effective unless you are incapacitated, which usually requires a certification from your physician and a second physician, which states that you are either suffering from a terminal illness or are permanently unconscious. Therefore, if you are injured and hospitalized but don’t have a terminal illness or haven’t suffered permanent unconsciousness, your Living Will does not go into effect. For example, you would be resuscitated from a heart attack, even if your Living Will included instructions to not use life prolonging procedures, because the heart attack alone is not sufficient to put your Living Will into effect.

A Living Will should be signed, dated, and witnessed by two people (preferably by individuals who know you well but are not related to you; are not your potential heirs; and are not your health care providers). Many states require a notary or permit a notary instead of two witnesses.

You should discuss and share your Living Will with your doctor, family and, if applicable, clergy. It is also advisable to have your Living Will made a part of your permanent medical record. It is not necessary to have an attorney draft your Living Will, but you may want to discuss it with an attorney and leave a copy with him/her."
 
HG.org Worldwide Legal Directories

Living Will Registries

"The U.S. Living Will Registry was founded in 1996. It is a privately held organization that electronically stores advance directives, organ donor information and contact information, and makes them available to hospitals and health care providers across the country through an automated system. The services were originally offered for free, but are now offered on a fee basis. However, many Providers and Partners still offer the service free of charge to their patients, members, clients, employees and the public.

One time registration is good for life. Registrants received a letter every year, allowing them to update their personal and emergency contact information and to confirm that their advance directive has not been changed or revoked.

Many states also provide free advance directive registries for their individual residents."

 

Terms and Definitions

“End-stage condition” means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective.

 

Persistent vegetative state” means a permanent and irreversible condition of unconsciousness in which there is: The absence of voluntary action or cognitive behavior of any kind and an inability to communicate or interact purposefully with the environment.

Terminal condition” means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.

Section 765.101 of the Florida Statues

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