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March 8, 2022

What is a Living Will?

In Florida, a living will is a declaration regarding life sustaining treatment.  The living will can be created by any competent person and the contents will direct the health care surrogate to either authorize the providing, withholding or withdrawing of life prolonging care in the event the person meets one of the following:

  1. Is in a persistent vegetative state
  2. Is in an end stage condition; or
  3. Is terminally ill

The living will serves as instructions to your health care surrogate.

What is a Health Care Surrogate?

A health care surrogate is an individual that you designate to make medical decisions on your behalf if you’re unable to make them your own.  In order to properly designate this individual, you will need to create a Florida Designation of Health Care Surrogate form.  This legal document will not only allow the health care surrogate to step in and enforce the living will but also authorize other medical care, should you be unable to do so yourself.

One final note regarding the living will as this tends to be a concern for most: Your living will does not prevent doctors from treating you on an emergent basis.  For example, if you suffer from trauma from a car accident then the doctors will provide care as needed.   Your living will only has authority or is useful if you have no medical probability of recovery from your condition.

Contact The Florida Medicaid Planning & Elder Law Team Today!

Our elder lawyers are well versed in estate planning. In fact, our firm practices exclusively in estate planning and elder law, so you will be in great hands.  Contact us today to schedule your strategy session.  We would love to hear more about your goals, discuss your options and assist with creating a plan that best suits you.

FLMPEL – (954) 999-9683