Orlando Living Wills Attorney

Planning for the future is essential in every part of life, including an unexpected tragedy. While death is an uncomfortable subject to discuss, having a plan for potential medical and health decisions is essential. If you cannot express your wishes, a living will gives your family peace of mind when answering difficult questions. At Fighter Law, we understand the sensitive nature of these cases, and we always prioritize your intent when creating your living will.

With decades of experience and extensive knowledge of Florida law, our professional Orlando living wills lawyers ensure your living will reflect your wishes while complying with the legal requirements. We support you every step of the way, so you can have a stress-free experience. Our dedicated legal team provides open and honest communication so you fully understand your options and the decisions you must make to express your wishes clearly.

How Does Florida Law Define a Living Will?

According to FL code section 765.101, a living will, or an advance directive, is a written statement declaring the medical care a person wants to receive if they cannot make their own decisions. Specifically, this document discusses resuscitation measures. Unlike a designation of healthcare surrogate, a living will names another person that can make choices on behalf of someone incapable of doing so themselves.

A living will can also contain specific instructions about the person’s health and treatments they wish to receive or omit in case of an emergency. This prevents family arguments and reduces unnecessary medical expenses, as it provides direction and peace of mind for your loved ones. While you do not have to have a living will in Florida, not having one could result in the court selecting a non-preferred decision-maker.

What Are the Requirements for a Valid Living Will in Orlando?

For a will to be valid in Florida, it has to meet specific requirements. At the time the document is drafted, it must be signed by the following parties:

  • A competent adult 
  • The principal, who is also in the presence of two witnesses, one of whom is neither a blood relative nor the principal’s spouse

While you do not need to get your living will notarized, we recommend it is. Additionally, a living will is valid from state to state, so its terms can be executed in another state in compliance with Florida law. Our knowledgeable Orlando living wills lawyers understand the complexities of this process, so we can help handle every aspect of your living will to ensure it meets all state law requirements.

Can You Make Changes to a Living Will in Florida?

Sometimes after you draft your living will, your circumstances and needs change. Therefore, Florida law allows you to amend or cancel the document at any time as long as you are mentally capable. If you want to change your living will, it should be in writing with your signature and date, and any previous copies should be destroyed to avoid confusion.

If you want to revoke your living will, you have to properly communicate it, which you can do in the following ways:

  • With a signed and dated written document
  • Destroying the living will declaration
  • Verbally expressing your intent to cancel
  • Drafting a materially different will from the previous one
  • You get divorced and the designation of your former spouse is revoked

If you decide to change or cancel your loving will, our professional living wills lawyers can help you complete the process properly so your wishes are always adequately reflected. 

3 Limitations of a Living Will

While a living will is useful in helping your family make your medical decisions, it does not cover all the questions that arise regarding your health. Limitations of a living will include the following:

  • Those with living wills often need a designation of healthcare surrogate or a Health Insurance Portability and Accountability Act release to have all their needs met, as the living will does not address every concern.
  • A living will is not a “Do Not Resuscitate” form or a doctor’s order for preserving treatment, so these documents should be drafted in addition to the living will.
  •  A living will does not address your wishes for your remains, so this will need to be addressed in your will or another document.

Even though a living will does not cover all your needs or address all your concerns, it is a helpful tool that gives your loved ones insight into the decisions you want them to make in case you cannot make them yourself. We can help you determine and properly file all the documents you need to ensure your family fully understands what to do in case of an emergency.

Reach Out to a Trustworthy Orlando Living Will Attorney at Fighter Law

The estate planning process can be emotional and overwhelming, but you do not have to go through it alone. Our caring and board-certified living wills lawyers at Fighter Law are here to help you understand what documentation you need and how to fill it out appropriately. We maintain a high level of communication with you throughout the entire process so you always get answers to your questions and stay informed.

We have proudly provided the Orlando area with unmatched legal services and innovative strategies for decades, so you can trust us to take on your case, regardless of your circumstances. Our Orlando living wills attorneys understand that every situation is unique, so we work with you to ensure your family has a clear set of instructions for your preferences. To schedule a consultation, call (407) 344-4837 or fill out our contact form.

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