I know that no one wants to think about something bad happening, but the truth is we don’t always get a heads up when being admitted to the hospital…sometimes things just happen. That’s why emergency rooms are so busy. I’ve had a living will since I was 26 years old, but I worked for an estate planning attorney so it was a bit easier for me. Plus, I was getting ready to have surgery and it seemed like the right thing to do…just in case.
So, let’s talk about the living will. What is it? A living will is “a written legal document that spells out medical procedures that you do and don’t want to be used to keep you alive, as well as your preference for other medical decisions, such as pain management
or organ donation.” (Mayo Clinic, 2022). You decide while you’re still of sound mind whether or not you want to:
be hooked up to a feeding tube,
a breathing machine, or
any other artificial means of prolonging your life.
If you’re a woman and pregnant, you can decide whether or not doctors should save your life if it means the cost is that of your unborn child.
In other words, if you are unable to speak for yourself as to your wishes regarding medical/life saving procedures, the living will speaks for you.
These are all decisions that when something actually happens to you, your loved ones don’t want to have to decide. They’re going through enough as it is, don’t give them the added burden of making these horrible decisions for you…especially if you know what you would want to do in these instances.
A Durable Power of Attorney, again, speaks for you when you can’t speak for yourself. This document “lets someone act on your behalf if you cannot due to mental incapacity.” (The Estate, Trust & Elder Law Firm, P.L., 2022) Often the Durable Power of Attorney allows your designee the ability to:
access your accounts,
pay your bills,
to apply for government assistance, etc.
Obviously, during times of incapacity it’s important to ensure that someone is manning the helm.
As a side note, it’s important to mention the difference between a Power of Attorney and Durable Power of Attorney. A Power of Attorney terminates upon the incapacity of the principal/signer (Fla. Stat. § 709.2109); whereas, a Durable Power of Attorney does not (Fla. Stat. § 709.2102(4)). A Power of Attorney is “durable” if it has language that reads:
“’This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes...’” or similar language. (Fla. Stat. § 709.2104)
In conjunction with the Durable Power of Attorney, it’s also important to have an Advanced Directive/Healthcare Surrogate. This allows you to designate someone to make medical decisions on your behalf including, but not limited to:
surgical procedures
medical tests
moving/changing medical facilities, etc.
Your Advanced Directive can be as detailed as you want it to be.
Florida law requires that the Living Will and Advance Directive be signed in the presence of two “adult witnesses” (Fla. Stat. § 765.202). The designee cannot be a witness and at least one of the witnesses should not be a blood relative or spouse. A good rule would be to not have either of the witnesses be a blood relative or spouse just to ensure that no one has cause to challenge the directive. However, the Durable Power of Attorney should be signed in the presences of two witnesses and Notary Public.
“After creating these documents, you should:
Keep the originals in a safe but easily accessible place;
Give a copy to your doctor;
Give a copy to your healthcare agent and any alternative agents
Keep a record of who has your advance directives*
Talk to family member and other important people in your life about your advance directives and your healthcare wishes. By having these conversations now, you help ensure that your family members clearly understand your wishes. Having a clear understanding of your preferences can help your family members avoid conflict and feelings of guilt.
Carry a wallet-sized card that indicates you have advanced directives, identifies your healthcare agent and states where a copy of your directives can be found.
Keep a copy with you when you are traveling.” (Mayo Clinic, 2022).
On my website I have available a standard Florida Durable Power of Attorney and an Advanced Directive/Living Will form available for purchase. The price includes my services as a Notary Public and/or witness to these documents, which can be done via Remote Online Notarization (RON) or I can come to you, whichever you prefer. That said, I will say it below, since it’s at the bottom of all of my blogs, but I want to reiterate it here…I am not a licensed attorney and cannot give legal advice. These forms are standard forms. If you have any questions regarding these forms or would like something more detailed or tailored to your specific needs, you should seek the advice of a Florida licensed attorney. I can provide you with a referral upon request. Should you purchase one of these forms and then opt to have an attorney review or redo the form, the Notary service remains and will be transferred to the new or updated form.
* As a way to stay organized, in my online store I also carry a “Swan Song” digital planner, which is a way to keep your estate planning wishes all in one place. Once completed, you can print it out and leave it someplace safe but easily accessible for those that will need it when the time comes. This digital planner is being sold in my store for $15 but you can access it for FREE by signing up to get emails when I drop a new a blog.
Your guide to living wills and other advance directives. Mayo Clinic. https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/living-wills/art-20046303 (August 2, 2022)
What the difference between power of attorney and durable power of attorney. The Estate, Trust & Elder Law Firm, P.L. https://www.etelf.com/2017/05/difference-power-attorney-durable-power-attorney-florida/ (October 10, 2022)
Florida Statutes & Constitution. Florida Statute 709.2109. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0709/Sections/0709.2109.html
Florida Statutes & Constitution. Florida Statute 709.2102. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0709/Sections/0709.2102.html
Florida Statutes & Constitution. Florida Statute 709.2104. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0709/Sections/0709.2104.html
Florida Statutes & Constitution. Florida Statute 765.202. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.202.html
Comments