Advance Directives: What They Are and How to Make Your Health Care Wishes Clear
Oct. 17, 2025
Planning for future healthcare decisions can be challenging, but it’s an important step for protecting yourself and your loved ones. Unclear instructions can often create confusion and stress for families, sometimes even leading to unnecessary probate complications.
Advance directives give you the power to communicate your wishes for medical treatment in case you’re unable to speak for yourself.
By preparing these documents, you can reduce the likelihood of disagreements, protect your rights, and help your family avoid difficult decisions during stressful times. Taking these steps can also help minimize the chance that your estate or medical choices will be questioned during probate proceedings.
At The Hope Law Firm, P.A., I offer experienced estate planning services to clients in Ocala, Florida. Here, I'll explain what advance directives are, why they matter, and how they can be used to make your health care wishes clear.
What Are Advance Directives?
Advance directives are legal documents that allow you to express your health care preferences before you’re unable to make decisions. There are two main types of advance directives in Florida:
Living will: This outlines the types of medical treatments you do or don’t want, including life-sustaining measures such as resuscitation, ventilators, or feeding tubes.
Health care surrogate designation: This appoints someone you trust to make medical decisions on your behalf if you become incapacitated.
Both of these documents work together to give you control over your care. They also provide guidance for your family and medical providers, which can prevent confusion or disagreements during emergencies. Having clear advance directives can also simplify matters during probate by documenting your wishes and helping courts or executors understand your intentions.
Why Advance Directives Are Important
Advance directives play a critical role in both medical care and legal planning. I’ve seen cases where the absence of clear instructions has led to prolonged hospital stays, unnecessary treatments, and emotional strain on family members. These documents help prevent those outcomes by:
Communicating your preferences clearly to health care providers
Avoiding conflicts among family members about treatment choices
Reducing stress for loved ones during difficult medical situations
Clarifying instructions that may affect future probate proceedings
By outlining your wishes in advance, you can have confidence that your medical decisions will be honored and that your family won’t face uncertainty if you’re unable to speak for yourself.
Who Should Consider Advance Directives
Advance directives are necessary for adults of all ages, but they are particularly critical for people with chronic illnesses, older adults, or anyone undergoing surgery. Even healthy individuals benefit from having these documents, as accidents and sudden medical emergencies can occur at any time. I often advise my clients to consider the following points:
Your personal values and preferences for medical care
Appointing a trusted person as a health care surrogate
Discussing your decisions with family and loved ones
Reviewing and updating your directives periodically
Having these conversations early can make it easier to communicate your wishes clearly and reduce conflicts later. Advance directives also help preserve your intentions during probate, especially if disputes arise over your estate or medical decisions.
How To Create an Advance Directive
Creating an advance directive in Florida involves a few key steps. While the process may seem straightforward, careful planning is important to make sure your documents are valid and comprehensive. The general steps for creating an advance directive include the following.
Understand the options: Learn the differences between a living will and a health care surrogate designation to make an informed decision for your care.
Appoint a surrogate: Choose someone who understands your values and is willing to make decisions in your best interest.
Document your wishes: Clearly state your preferences for medical treatments, interventions, and end-of-life care.
Sign and witness the documents: Florida law requires your advance directive to be signed in front of two witnesses or a notary public.
Distribute copies: Provide copies to your healthcare surrogate, family members, and medical providers to make sure your wishes are accessible.
Following these steps carefully helps prevent disputes and can streamline matters during probate by providing written evidence of your intentions.
Common Scenarios Where Advance Directives Matter
Advance directives can make a considerable difference when advocating for your healthcare preferences. Some of the primary situations where these documents can come into play include:
Emergency medical situations: If you are unconscious or unable to communicate, your directives guide medical professionals.
Chronic illness or terminal conditions: Your preferences for treatments, such as ventilators, dialysis, or resuscitation, can be honored.
End-of-life care: Your wishes regarding comfort care, hospice, or palliative treatment.
In each of these scenarios, having a written directive not only directs medical care but also helps prevent disputes among family members and simplifies future probate matters.
Legal Considerations and Probate
Advance directives primarily concern healthcare decisions, but they can intersect with probate in significant ways. Probate is the legal process that validates a will, settles debts, and distributes assets after someone passes away. Here’s how advance directives may relate:
Clearly documented wishes can reduce conflicts during probate, especially if family members disagree about care decisions before your passing.
Advance directives can clarify your intentions regarding end-of-life care, which may influence medical expenses and estate planning considerations.
Having proper documentation supports your health care surrogate in making decisions that align with your values, which can prevent legal disputes that might affect probate.
By considering the role of advance directives alongside your estate plan, you can protect both your medical and financial intentions and reduce the likelihood of probate disputes.
Updating Your Advance Directives
Life changes, and your medical preferences may change with them. It’s important to review your advance directives periodically. I typically advise my clients to revisit these documents in the following scenarios:
After major life events, such as marriage, divorce, or the birth of a child
After a serious illness or diagnosis
When moving to a new state or changing health care providers
Every few years, even if your circumstances haven’t changed
Updating your directives helps keep them relevant and effective, and it strengthens your estate plan by reducing the likelihood of disputes during the probate process.
Common Misconceptions About Advance Directives
Many people hesitate to create advance directives because of misconceptions. Some of the most common misconceptions I've encountered include:
“I’m too young to need one.” Accidents and sudden illness can happen at any age.
“My family already knows what I want.” Verbal statements are often not sufficient in emergencies or legal proceedings.
“It’s too complicated to set up.” Florida provides standardized forms that make the process straightforward.
Addressing these misconceptions can help people take control of their health care decisions and reduce conflicts later, including during probate. Work with an experienced attorney to simplify this process.
Contact The Hope Law Firm, P.A Today to Get Started
Advance directives give you control over your health care decisions and guide your family when you’re unable to speak for yourself. They play an essential role in both medical care and legal planning, especially when it comes to avoiding disputes during probate and honoring your wishes.
At The Hope Law Firm, P.A., I offer experienced services for creating estate planning documents, including advance directives. Located in Ocala, Florida, I serve clients throughout Marion County. Contact my firm today for guidance in preparing effective advance directives, managing probate matters, and supporting your overall estate planning.