What is a living will?

A living will is a type of advance medical directive used in Florida to declare a person’s wishes regarding their medical treatment in the event that they become unable to communicate those wishes themselves. It is created while the person is still healthy and of sound mind and allows them to specify what type of medical treatments they do and do not want to receive if they are ever seriously ill or incapacitated. Living wills are typically used to detail a person’s wishes regarding procedures such as mechanical ventilation, artificial nutrition, and CPR. Florida law specifies that after a health care professional determines that the person is unable to make their own decisions, the living will is considered legally binding, and medical staff must carry out the instructions listed within it. However, it is important to note that living wills do not take the place of a health care proxy, which is a separate document that designates another individual to make medical decisions on their behalf. Living wills are also distinct from wills or trust documents that are used to manage a person’s assets after they pass away. Living wills are an important document for adults in Florida to create in order to ensure that their wishes regarding their medical care in the event of serious illness or injury are respected even if they are unable to communicate those wishes themselves.

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