Living Will Importance for Pensacola Residents

 

Making preparations for our eventual departure isn't always easy, but it's crucial. One way to ensure our wishes are followed is through a Living Will. Having a Living Will ensures that even when you cannot speak for yourself, your desires concerning medical treatments and end-of-life care are honored.

Seven Key Insights on Living Wills:

  1. Defining a Living Will
  2. Distinction between Living Will and Last Will
  3. The Importance of a Living Will
  4. Medical Choices Defined by Living Wills
  5. Ensuring Validity of a Living Will in Florida
  6. Emotional Aspects
  7. How Boyles & Boyles Can Assist

Learn more about Living Wills from Wikipedia

Defining a Living Will

A Living Will, sometimes referred to as an advance healthcare directive, is a written document that details your wishes regarding medical treatment in situations where you're unable to express informed consent. This may include scenarios:

  • When you are in a coma.
  • If you have a terminal illness and can't communicate your wishes.

The distinction between a Living Will and a Last Will

It's crucial to understand that a Living Will is distinct from a Last Will and Testament. A Last Will deals with asset distribution after one's death:

  • A Living Will deals with medical decisions while one is still alive but incapacitated.
  • It doesn't touch upon topics like asset division or guardianship.

The Importance of a Living Will

Establishing a Living Will is essential because:

  • It ensures your healthcare preferences are met.
  • It offers peace of mind for family members during trying times.

Medical Choices Defined by Living Wills

With a Living Will, you can clarify your preferences concerning:

  • Life-prolonging treatments.
  • Do-Not-Resuscitate (DNR) orders.
  • Organ and tissue donation.

Ensuring Validity of a Living Will in Florida

To ensure your Living Will is valid in Florida:

  • It must be signed in front of two witnesses.
  • One of the witnesses cannot be a spouse or blood relative.

Emotional Aspects

Approaching the topic of a Living Will is undoubtedly emotional. Remember:

  • Open discussions with family to ensure clarity.
  • It's about protecting your wishes and offering peace to loved ones.

How Boyles & Boyles Can Assist

At Boyles & Boyles, we understand the delicate nature of estate planning and the importance of ensuring your wishes are respected. Joseph assists in drafting a Living Will tailored to your needs, ensuring its validity and providing guidance on the various choices available to you.

Hypothetical Case

Consider Sarah, a Pensacola resident diagnosed with a terminal illness. While she's currently in good health, she recognizes the potential for her health to decline rapidly. Sarah contacts Boyles & Boyles, where we help her craft a Living Will, detailing her wishes to forgo any life-prolonging treatments and instead prefer palliative care. When Sarah's health does decline, her family, although devastated, takes solace in the fact that they're honoring her explicit wishes, sparing them additional emotional distress.

Key Takeaways

  • Living Wills are essential for defining healthcare choices.
  • They ensure your wishes are respected.
  • They differentiate from Last Wills, which deal with asset distribution.
  • Validation processes exist in Florida for Living Wills.
  • Legal proficiency, like that of Boyles & Boyles, is invaluable.

FAQs

  1. Why can't I just tell my family my wishes? While verbal wishes are essential, they're not legally binding. A Living Will ensures your desires are legally documented.
  2. Does a Living Will impact decisions about my estate? No, a Living Will only concerns healthcare decisions. A separate document, a Last Will and Testament, deals with the estate.
  3. Can I change my Living Will? Absolutely. As your beliefs or health conditions change, you can modify your Living Will.
  4. Does my Living Will work outside of Florida? While Florida recognizes Living Wills created elsewhere, other states' acceptance of Florida Living Wills varies. Consult with Boyles & Boyles for specifics.
  5. What if I want specific treatments but not others? A Living Will allows you to specify which treatments you'd like to receive and which you'd prefer to forgo.

Disclaimer: Boyles & Boyles tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. Boyles & Boyles assumes no responsibility for any errors or omissions in this article. Boyles & Boyles encourages you to utilize our links to relevant Florida Statutes. Contact my office at [850.433.9225] if you have any questions or require legal assistance.

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