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Florida Living Will

This document serves as a Living Will under Florida law, designed to express your wishes regarding medical treatment in the event you become unable to communicate your desires.

Personal Information

  • Name: _________________________________
  • Address: _______________________________
  • Date of Birth: __________________________
  • Phone Number: __________________________

Statement of Wishes

If I become unable to make my own health care decisions due to a terminal condition, persistent vegetative state, or similar condition, I wish to state the following:

  1. I do not want life-sustaining treatment to be administered if it would only prolong the dying process.
  2. I wish to receive comfort care and measures to maintain my dignity.
  3. If I am in a state of irreversible coma, I do not wish to receive any treatment to prolong my life.

Appointment of Health Care Surrogate

I hereby appoint the following individual as my health care surrogate to make any health care decisions on my behalf if I am unable to do so:

  • Name: _________________________________
  • Address: _______________________________
  • Phone Number: __________________________

Signature

By signing this document, I confirm that I am of sound mind and fully understand the contents. This Living Will reflects my full and voluntary decisions.

Signature: ___________________________

Date: _______________________________

Witnesses

This Living Will must be signed in the presence of two witnesses who are not related to me, do not have a claim against my estate, and are not my health care surrogate.

  1. Witness 1 Signature: ______________________ Date: ________________
  2. Witness 2 Signature: ______________________ Date: ________________

This document is intended to comply with Florida Statutes Chapter 765, relating to advance directives.

Form Data

Fact Name Details
Definition A Florida Living Will is a legal document that outlines a person's wishes regarding medical treatment in case they become unable to communicate those wishes themselves.
Governing Law The Florida Living Will is governed by Chapter 765 of the Florida Statutes.
Requirements To be valid, the form must be signed by the individual and witnessed by two adults who are not related to the individual or beneficiaries of their estate.
Revocation A Living Will can be revoked at any time by the individual, either verbally or in writing.
Healthcare Proxy A Living Will is distinct from a healthcare proxy, which designates someone to make medical decisions on your behalf.
End-of-Life Decisions This document specifically addresses end-of-life decisions, including the refusal of life-sustaining treatment.
Durability A Florida Living Will remains in effect until it is revoked or until the individual passes away.
Distribution It is advisable to provide copies of the Living Will to family members, healthcare providers, and the appointed healthcare surrogate.
Notarization Notarization is not required for a Living Will in Florida, but it may provide additional legal assurance.
Legal Assistance While individuals can complete a Living Will without legal assistance, consulting an attorney can help ensure that it meets all legal requirements and accurately reflects personal wishes.

Florida Living Will - Usage Guidelines

Filling out the Florida Living Will form is an important step in making your healthcare wishes known. Once completed, you will need to ensure that your document is signed and witnessed according to Florida law. This will help ensure that your preferences are respected in the event you cannot communicate them yourself.

  1. Obtain the Florida Living Will form. You can find this form online or through healthcare providers.
  2. Begin by entering your full name at the top of the form.
  3. Next, provide your address. Make sure to include your city, state, and zip code.
  4. Indicate the date you are completing the form.
  5. Read through the statements regarding your healthcare preferences. Take your time to understand each option.
  6. Select your preferences by checking the appropriate boxes. Make sure to be clear about your wishes.
  7. Sign the form at the designated area. Your signature should be dated on the same day.
  8. Find two witnesses who are at least 18 years old. They cannot be your family members or your healthcare providers.
  9. Have your witnesses sign the form. They should also print their names and provide their addresses.
  10. Make copies of the completed form. Keep one for your records and provide copies to your healthcare provider and loved ones.

Dos and Don'ts

When filling out the Florida Living Will form, it's essential to follow specific guidelines to ensure your wishes are clearly understood and legally binding. Here’s a list of things to do and avoid:

  • Do: Clearly state your medical preferences regarding life-sustaining treatments.
  • Do: Sign and date the form in the presence of two witnesses.
  • Do: Ensure your witnesses are not related to you or entitled to any portion of your estate.
  • Do: Review the document periodically to ensure it reflects your current wishes.
  • Do: Provide copies to your healthcare providers and loved ones.
  • Do: Consult with an attorney if you have questions about the form.
  • Don't: Leave any sections blank; complete all required fields.
  • Don't: Use the form if you are under undue influence or pressure.
  • Don't: Forget to initial any changes made to the document after signing.
  • Don't: Assume your verbal wishes are enough; always document them.
  • Don't: Neglect to keep the original document in a safe but accessible place.
  • Don't: Delay in updating your Living Will as your circumstances change.

Common mistakes

  1. Not understanding the purpose: Many people fill out the Florida Living Will form without fully grasping its purpose. This document outlines your wishes regarding medical treatment if you become unable to communicate. Understanding this is crucial before proceeding.

  2. Failing to discuss with family: It’s common for individuals to complete the form in isolation. Not discussing your wishes with family members can lead to confusion and conflict later on. Open communication is essential.

  3. Leaving out important details: Some people overlook specifying particular treatments or interventions. Be clear about what you do or do not want. This clarity helps medical professionals and your family honor your wishes.

  4. Not updating the document: Life circumstances change. Failing to revisit and update your Living Will can result in outdated wishes. Regular reviews ensure your document reflects your current values and preferences.

  5. Not signing or witnessing correctly: The Florida Living Will requires proper signatures and witnesses. Some individuals forget to have their document witnessed or fail to sign it altogether, which can invalidate the form.

  6. Choosing the wrong agent: Appointing someone as your healthcare surrogate is a significant decision. Selecting someone who may not understand your values or wishes can lead to decisions that do not align with your desires.

  7. Using outdated forms: Laws can change, and using an old version of the Living Will form may lead to complications. Always ensure you are using the most current version of the document.

  8. Neglecting to inform healthcare providers: After completing your Living Will, it’s important to share it with your healthcare providers. They need to be aware of your wishes to act in accordance with them when necessary.