What is a Living Will and Do I Really Need One?

In the State of Florida, preparing a Living Will can help medical professionals and loved ones effectively carry out end-stage medical treatment directives.

What is a Living Will?

A Living Will, often referred to as a Health Care Directive or an Advance Directive, is a legal document in the area of Estate Planning, in which a person clearly states their intentions for end-of-life medical care in the event they become unable to verbalize their decisions.

Therefore, despite the similarity in names, a Living Will has no effect after one’s death unlike a Last Will and Testament, which only becomes effective upon an individual’s death and governs the distribution of your assets.

A Last Will and Testament may also include terms related to funeral and burial instructions, digital assets, as well as, nominations of guardians for minor children or disabled dependents.

According to the American College of Emergency Physicians, nearly two-thirds of Americans have not taken steps to protect themselves with a Health Care Directive.

A Living Will is an important part of one’s estate planning documents that provides direction to families and medical professionals as to a person’s wishes regarding life-prolonging procedures, treatment for terminal conditions, end-stage conditions or persistent vegetative state conditions.

It helps to avoid disputes as to how to proceed regarding one’s end-of-life medical treatment in cases in which the principal may be comatose with no chance of recovery, they cannot live without the aid of life-support machines, and they are unable to care for themselves.

How to Create a Living Will?

When preparing such an important document, one must consult not only with their legal counsel, but their family and medical advisors to fully understand the effects of creating a Living Will. 

When the decision has been made to draft a Living Will, ensuring that it is properly executed is paramount. It is important that a Living Will meets state requirements pertaining to the need for witnesses or notarization to be considered valid. According to Florida Statute, a Living Will need not be notarized but must be executed in the presence of two witnesses, of whom at least one cannot be a spouse or a blood relative.

A Living Will is effective from the moment it is signed, and when a person has been deemed unable to communicate his or her wishes regarding medical treatment. It can be revoked at any time by the principal as long as they have the mental capacity to do so. 

In addition to the language contained in the Living Will, it may be important to the principal to also consider preparing instructions for organ donations or “do not resuscitate” (commonly referred to as DNR) directives.

Do I really need a Living Will?

In Florida, Living Wills are typically used jointly with a Designation of Healthcare Surrogate directive which appoints a specific person to carry out a person’s end-of-life wishes as written down in the Living Will.

Although some Living Wills may contain directives regarding organ donations or autopsies that remain in effect briefly after one’s death, any authority granted by a Living Will stops when the person passes away.

If you are vacillating over whether you need to invest in the preparation of a Health Care Directive, it is important to ask yourself: Would your loved ones know your exact wishes regarding your medical treatment if you were unable to verbalize your intent? Would your loved ones, or even doctors, be legally bound to carry out your intent? Would you want to leave such a difficult decision up to your loved ones during such trying times?

When Should I Update My Living Will?

Failure to update or revoke a Living Will may result in very serious medical consequences.

According to Florida Statute 765.104, a competent principal can amend or revoke a Living Will at any time.

This means that the principal must be of sound mind and capable of voluntarily amending the Living Will.

While revocation of a Living Will should be in writing and signed by the principal, it may also be revoked by an “oral expression of intent.”

Living Will FAQs

Conclusion: Plan Ahead to Protect Your Medical Wishes

Many people delay creating a Living Will, but in times of crisis, this document becomes invaluable. A properly executed Living Will ensures your end-of-life medical preferences are honored, spares loved ones from making impossible decisions, and gives healthcare professionals clear legal guidance during critical moments.

In Florida, creating a Living Will is straightforward—but only if done correctly. Without one, your care may be decided by the default legal hierarchy, not your personal values.

At ASR Law Firm, we help clients create legally sound Living Wills and Healthcare Surrogate designations that reflect their wishes with clarity and compassion.

If you would like to speak to an attorney regarding your options, contact us today.