Living Wills & Healthcare Directives

Living Wills & Healthcare Directives in Florida: Your Voice in Medical Decisions

Planning for your healthcare needs is just as vital as safeguarding your financial assets. In Florida, living wills and healthcare directives empower you to retain control over medical treatment choices if you’re ever unable to communicate. At Smith Cors Law, we believe in taking a proactive approach to healthcare planning, helping you create clear, legally sound documents that reflect your personal values.

What Are Living Wills & Healthcare Directives?

A living will—also called an advance directive—spells out what kind of life-sustaining treatments or interventions you do or do not want if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. A healthcare surrogate designation (healthcare directive) allows you to name someone to make medical decisions on your behalf if you become incapacitated.

Why They Matter

Preserve Autonomy: You maintain control over critical healthcare decisions rather than leaving them to guesswork.
Reduce Family Stress: Loved ones won’t be forced to make emotionally charged decisions without knowing your wishes.
Avoid Disputes: Clear instructions help prevent conflicts between family members, healthcare providers, or hospitals
Comply with Florida Law: Properly executed directives ensure medical professionals follow your chosen course of treatment within legal guidelines.

Key Components

✅ Living Will

Details acceptable medical interventions (feeding tubes, ventilators, CPR, etc.).
Specifies under what circumstances to withhold or withdraw life-prolonging procedures

✅ Health Care Surrogate (Designation of Health Care Surrogate)

Names an individual to discuss treatment options, consent to procedures, and make critical decisions consistent with your preferences.
Can come into effect immediately or only upon incapacity, depending on how it’s drafted.

✅ Do Not Resuscitate Order (DNRO)

A separate form (usually printed on yellow paper in Florida) that expresses your wish not to have CPR if your heart stops.
Must be signed by both you (or your legal representative) and your physician

Execution Requirements in Florida

Living Will: Must be signed by you in the presence of two witnesses, at least one of whom is neither your spouse nor a blood relative.
Health Care Surrogate: Similarly, this requires your signature and two witnesses under Florida law, though notarization is typically recommended for added credibility.
Capacity: You must be of sound mind when creating or modifying these documents.

Updating Your Healthcare Directives

Circumstances can change. Whether you’ve been diagnosed with a new medical condition, experienced a major life event, or simply refined your personal beliefs, it’s wise to revisit and potentially update your living will or healthcare directive. Many individuals review these documents alongside regular estate planning updates to ensure consistency.

Common Misconceptions

“My Family Knows My Wishes—That’s Enough”: While discussing your preferences is an excellent step, verbal instructions aren’t always legally enforceable. Written directives eliminate ambiguity.
“I Need a Lawyer for a Basic Directive”: While Florida offers sample forms, a lawyer helps ensure your documents align with your exact wishes, comply with state law, and integrate smoothly with other estate planning elements.
“It Only Matters in Life-Threatening Situations”: Healthcare directives can guide treatment decisions whenever you’re incapacitated, even if it isn’t end-of-life care.

How Smith Cors Law Assists

We provide comprehensive healthcare planning services, guiding you through each step:

Understanding the scope of treatments and interventions you may face.
Ensuring your living will clearly state your preferences.
Drafting a healthcare surrogate designation to appoint someone you trust.
Coordinating your healthcare directives with any other estate planning documents (like powers of attorney or trusts) for consistency.

Schedule Consultation

Your Future is Worth a Call

Our legal team is ready to answer your questions and guide you forward.

info@navigatingthelaw.com

Call Our Pinellas Office

Call Our Hernando Office

Call Our Pasco Office

Practice areas

Estate Planning

Probate & Estate Administration

Real Estate Law

Client Testimonials

Hear from those we've had the privilege to serve.

Protect Your Healthcare Choices

Without a living will or healthcare surrogate, your loved ones, and doctors may be left to guess your wishes during a crisis—a burden no family wants. By planning with Smith Cors Law, you ensure your voice is heard, even if you cannot speak for yourself. Contact us today to learn more about creating or updating your living will and healthcare directives in Florida.

Have Questions?

Schedule Consultation

Living Wills & Healthcare Directives