Living Wills & Advance Directives

Living Wills & Advance Directives in Clermont

Put Your Healthcare Wishes in Writing Before a Medical Crisis

A medical emergency can leave you unable to explain which treatments you want or whom you trust to make decisions. A Florida living will records instructions about certain life-prolonging procedures, while a health care surrogate designation identifies someone who can act within the authority granted by the document. Together, these documents can address your treatment preferences and decision-making authority when illness or incapacity prevents direct communication.

Call (888) 835-5840 or contact us online to discuss Living Wills & Advance Directives with our estate planning team.

How Florida Healthcare Directives Work Together

An advance directive is a broad term for written instructions about future healthcare decisions. A living will and a health care surrogate designation can be part of the same incapacity plan, but they serve different purposes.

Florida healthcare planning documents may include:

A living will: States your instructions about life-prolonging procedures if you have a terminal condition, end-stage condition, or persistent vegetative state and the required medical determinations have been made.
A health care surrogate designation: Names someone to make healthcare decisions or receive health information within the authority provided by the document.
An alternate surrogate: Identifies a backup decision-maker if the primary surrogate is unwilling, unable, or unavailable to act.

The living will communicates your treatment instructions. The surrogate designation addresses who can communicate with providers and make decisions when authorized. Using both can create a more complete plan than relying on informal conversations alone.

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Why Advance Healthcare Planning Matters Before a Crisis

Without clear instructions, relatives and healthcare providers may be uncertain about a patient’s wishes during a medical crisis. Advance directives don’t replace medical advice or emergency medical judgment, but they can provide important guidance about treatment preferences and who may participate in decisions.

We bring more than 40 years of combined experience to our work with families facing difficult decisions about the future. We explain legal options in plain language and walk clients through realistic scenarios before those choices become urgent.

Florida Requirements for Signing Advance Directives

Florida Statutes Chapter 765 establishes execution requirements for advance directives. An incomplete form may create questions when the document is needed, so following the applicable signing and witness rules is essential.

Florida requirements generally include:

Living will witnesses: The principal must sign in the presence of two subscribing witnesses. At least one witness must be neither the principal’s spouse nor a blood relative.
Surrogate designation witnesses: A written health care surrogate designation must be signed in the presence of two adult witnesses. A person named as the health care surrogate can’t serve as a witness.
Medical record communication: The principal should provide the living will to the primary physician or healthcare facility when appropriate so it can be placed in the medical record.

Because the requirements depend on the document and circumstances, legal guidance can clarify how to complete a directive that reflects your current wishes and complies with Florida law.

A Structured Approach to Healthcare Decision Planning

We begin by understanding your wishes, concerns, and choice of decision-maker. We then walk through possible scenarios, explain realistic best-case and worst-case circumstances in plain language, and create a structured plan so you understand what each document is intended to accomplish.

Throughout the process, we provide personal attention and clear communication. We respond promptly to calls and messages, share updates, and rely on our experienced legal staff to keep important details organized.

When to Review a Living Will or Advance Directive

Your documents should reflect your current healthcare preferences, relationships, and circumstances. A form completed years ago may no longer identify the right decision-maker or express your present wishes.

Consider reviewing these documents after:

A significant diagnosis or change in health
A marriage, divorce, death, or other change in family relationships
A change in the availability or suitability of your chosen surrogate
A change in your personal beliefs or treatment preferences
A move or another major life transition that prompts a broader estate planning review

Trusted family members, your named surrogate, and relevant healthcare providers should also know that the documents exist and how to locate current copies.

Common Questions About Florida Healthcare Directives

What Is the Difference Between a Living Will & a Health Care Surrogate Designation?

A living will states your instructions about certain life-prolonging procedures. A health care surrogate designation names someone who may receive health information or make healthcare decisions within the authority granted by the document.

When Does My Health Care Surrogate’s Authority Begin?

A surrogate’s authority commonly begins after the required determination that you lack capacity, unless the designation validly provides for it to begin sooner. Even when immediate authority is granted, your decisions generally control while you retain capacity.

Can I Change or Revoke an Advance Directive?

If you have decision-making capacity, you can change or revoke an advance directive under Florida law. Because revocation may become effective when communicated to the surrogate, health care provider, or health care facility, document and share your updated wishes clearly.

Who Should Receive a Copy of My Healthcare Directive?

Provide accessible copies to your named surrogate, trusted family members, and relevant healthcare providers as appropriate. They should know where to find the directive if the original isn’t immediately available.

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Put Your Healthcare Decisions in Writing

We provide structured planning, clear expectations, and personal attention for families considering future healthcare decisions. From our central hub in Clermont, we serve clients throughout the Central Florida Four Corners region, including Lake, Orange, Osceola, and Polk counties.

Contact us to discuss your treatment preferences, choice of health care surrogate, and questions about incapacity planning under Florida law.

Call (888) 835-5840 to speak with The Law Offices of Justin Rickman about your healthcare planning documents.

Protecting Your Rights,Your Family, And Your Future.

Contact our firm today

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