Florida Advance Directives: Creating A Clearwater Living Will and Healthcare Surrogate

As you get older, it is essential to take steps to ensure your wishes are honored when it comes to medical care. This is especially true in situations where you cannot speak for yourself. In Florida, advance directives support this kind of planning and include creating a living will and designating someone as a health care surrogate.

William Rambaum is board-certified in elder law and has provided trusted legal guidance to older adults in Pinellas County for over 40 years.  Our Clearwater estate planning attorney explains how putting these documents in place can spare your loved ones from painful uncertainty and give you peace of mind.

What Is a Living Will and Why Does It Matter?

The Florida Agency for Health Care Administration encourages all residents to include advance directives in estate planning. In the event a medical condition leaves you incapacitated and unable to communicate, these documents express your wishes concerning potentially life-threatening treatment.

A living will is the first place to start. It spells out your wishes on matters such as artificial resuscitation, ventilators, and the use of artificial hydration or nutrition if you are in a terminal or end-stage condition.

Under Section 765.302 of the Florida Statutes, a living will becomes effective only if you are diagnosed with a terminal condition or are in a coma or otherwise incapacitated. Ways it can help you and your family include:

• Spares loved ones from having to guess as to what you might have wanted or make difficult decisions on your behalf.
• Prevents potential disputes during an already difficult time.
• Protects your religious or personal beliefs in emergencies and when receiving end-of-life care.
• Avoids unwanted medical interventions that may prolong suffering and allows you to maintain a sense of control over your final moments.

Even if you are in good health, including a living will as part of your Clearwater estate plan is important.

Naming a Health Care Surrogate in Clearwater

Creating advance directives in Clearwater also includes designating a health care surrogate, who you trust to carry out your wishes and make critical decisions regarding medical care if a condition leaves you unable to communicate or make them yourself. The surrogate’s role includes:

• Accessing your medical records;
• Communicating with your doctors;
• Making decisions about treatments based on your wishes;
• Ensuring your living will is followed.

The person you select should live close enough to respond in an emergency and be capable of standing up to family members who do not agree with or want to abide by your wishes.

Schedule A Consultation Today With Our Experienced Clearwater Elder Law Attorney

Advance directives protect your dignity and reduce the emotional burden on your loved ones. At Attorney William Rambaum has over 40 years of experience helping older adults create these and other vital estate planning documents.

Board-certified in elder law, our Clearwater estate planning attorney provides the trusted, local legal guidance you need throughout the process. Call or contact us online today to schedule a consultation.

Sources:

quality.healthfinder.fl.gov/report-guides/advance-directives

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.302.htm