Four Mistakes to Avoid When Drafting a Living Will in Florida

A living will (advance medical directive) is an estate planning document that you can use to ensure that you medical wishes are followed even if you are unable to communicate them at the time when care is needed. At Fisher & Wilsey, P.A., we have extensive experience with living wills in Pinellas County and all across Florida. Within this article, our St. Petersburg living will attorney highlights four of the most common mistakes to avoid in Florida.

Living Will Mistake #1: Not Meeting Florida’s Statutory Living Will Requirements

It is a big mistake to have an invalid living will. There are strict rules and regulations for living wills in Florida. Under Florida Statutes Section 765.303, the document must be signed by the principal in the presence of two witnesses. At least one witness cannot be a spouse or a blood relative. Noncompliance creates risk that providers will refuse to honor the directive. Informal documents, unsigned drafts, or improperly witnessed forms can be treated as legally ineffective.

Living Will Mistake #2: Using Vague or Overly Broad Treatment Instructions

To be truly effective, a living will should be clear and reasonably comprehensive. The use of vague and overly broad instructions for treatment is a big mistake. Generic statements such as “no heroic measures” create interpretive risk. Providers must determine whether the statutory rules are met and what treatments fall within the directive. Ambiguity can create very serious problems. A St. Petersburg, FL estate planning lawyer can help you write the best living will for your case.

Living Will Mistake #3: Not Coordinating with Your Health Care Surrogate Designation

A living will is most effective when it operates alongside a designation of health care surrogate under Florida Statutes Section 765.202. The surrogate acts when the principal lacks capacity and can interpret and apply the living will in real time. Problems arise when documents conflict or when no surrogate is named. Without a surrogate, providers may rely on statutory proxy hierarchies or seek court involvement. That process can delay decisions and create problems.

Living Will Mistake #4: Neglecting Distribution and Accessibility

Imagine this: You write a perfect living will. You put it in a safe in your office and do not tell anyone about it. What will happen if you become incapacitated? Most likely, neither your loved ones nor your medical providers will be aware of the fact that you actually have a living will. A valid document that cannot be located does not control care. Florida law recognizes advance directives, but providers must have access to them at the point of treatment.

Speak to Our St. Petersburg Living Will Attorney Today

At Fisher & Wilsey, P.A., our St. Petersburg living will lawyer has the knowledge, skills, and experience that you can count on. If you have any questions about living wills, please do not hesitate to contact us for a strictly confidential case evaluation. From our St. Petersburg office, we handle living wills in Pinellas County and throughout the region in Florida.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.303.html