Leesburg Health Care Directives Attorney

What is an Advance Health Care Directive in Florida?

Also referred to as a living will, an advance health care directive is a legal document that allows you to express your wishes regarding medical treatment if you become unable to communicate them yourself. A core part of an estate plan for many people, it ensures that your preferences for life-sustaining treatment and other critical care choices are known and respected.

Common Provisions in Advance Health Directives in Florida

Your living will is your opportunity to control your health care treatment. As such, a living will can and should be drafted in a manner that is specific to your situation, including your needs and your desires. Every person’s living will is different. With that being said, there are some common provisions which are typical across living wills. Here are some key provisions: 

• Medical Care Instructions: The core of a living will is used to clarify your wishes regarding life-sustaining treatment in situations such as terminal illness or permanent unconsciousness. Along with other things, it allows you to specify whether you want interventions like mechanical ventilation, feeding tubes, or resuscitation. In Florida, these instructions must be honored by healthcare providers. 
• Statement of Preference for Pain Management and Organ Donation: You may include instructions about whether you wish to receive pain relief and palliative care, even if it hastens death. You can also specify whether you want to donate your organs, tissues, or body after death. Florida law allows you to register your organ donation preferences with the state and/or include them directly in your living will. 
• HIPAA Authorization: A HIPAA authorization is a provision that grants your health care surrogate or other named individuals access to your medical records under the Health Insurance Portability and Accountability Act (HIPAA). Without this authorization, providers may be prohibited from sharing critical information. It could make things more complicated. 
• Designation of a Health Care Surrogate: You cannot anticipate all future medical needs, no matter how hard you try. For that reason, many people include the designation of a health care surrogate as part of their estate plan. It is a supplemental document that names a trusted person to make medical decisions on your behalf if you become incapacitated. The surrogate is granted authority to consult with doctors and authorize or refuse treatment. Notably, a health care surrogate cannot override your living will. 

John Marshall is an Experienced Leesburg Estate Planning Attorney

I am John Marshall, a Leesburg estate planning attorney who has extensive experience helping people work through advanced health directives. If you have specific wishes regarding your end-of-life care, I am more than ready to help. You do not have to figure out everything alone. As a top-tier Leesburg estate planning lawyer, I will invest the time, resources, and attention to detail that your case deserves. Among other things, our firm is ready to: 

• Hear your story and answer your estate planning questions; 
• Gather and organize any supporting documents and records; and
• Help you draft a living will that most effectively protects your wishes. 

Health Care Directives in Leesburg: Frequently Asked Questions (FAQs)