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A living will sets out your wishes when you are dying, should your medical condition make it impossible for you to express them yourself. This document typically makes your desires known regarding end of life decisions, including artificially provided nourishment, intensive care, artificial respiration, pain medication, and resuscitation.
A Living Will and a Last Will and Testament – What’s the Difference?
A living will is not the same as a legal will, which disposes of personal property upon or after a person’s death, and appoints a personal representative or revokes or revises another will. Under Florida law, a living will must be signed by its maker in the presence of at least two witnesses, at least one of whom is neither a spouse or blood relative of the living will’s maker. If the maker is physically unable to sign their own living will, one of their witnesses may sign in their presence and under their direction.
The state of Florida will recognize a living will that was signed in another state if it was signed in compliance with the laws of that state, or in compliance with Florida law. Once the living will is signed, it is the maker’s responsibility to provide notification about it to their physician. It is a wise idea to provide a copy of a living will to the maker’s physician and the hospital to become part of their medical records.
Contact Our Experienced North Central Florida Estate Planning Attorneys Today
Do you need help creating a living will? Individuals throughout Ocala, The Villages, and Beverly Hills have traditionally turned to Dean & Dean, LLP for assistance with a variety of estate planning matters, including the creation of a living will. Contact us online or call (352) 515-9221 to schedule your initial consultation today.