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Honoring Your Medical Wishes in Critical Situations

The Hope Law Firm, P.A. July 31, 2025

Old couple prepare estate plan with help of a professionalThinking about end-of-life care isn't easy, but having clear plans in place can offer peace of mind for both you and your loved ones.

A living will is one of the most important tools for making your medical wishes known if you're ever unable to speak for yourself. In a critical situation, the decisions about your care shouldn't fall solely on your family or medical team.

From resuscitation preferences to decisions about life support, a living will acts as your voice when you can’t use it. That’s why having a one is a thoughtful and responsible step. The Hope Law Firm, P.A. in Ocala, Florida can offer caring and informative guidance when you need to write your will.

What a Living Will Covers

A living will speak for you when you can’t speak for yourself. They typically come into play during critical medical events, such as being in a coma, on life support, or otherwise incapacitated. The scope of a will can vary depending on your preferences and values, but most cover several common scenarios. Here are some of the key medical decisions you can outline in a will:

  • Life-prolonging procedures: You can state whether you want machines or other interventions used to keep you alive if your condition is terminal and recovery isn't likely.

  • Feeding and hydration tubes: Some people wish to continue receiving nutrition and fluids artificially, while others prefer to forgo these interventions.

  • Cardiopulmonary resuscitation (CPR): You may choose whether or not you'd like resuscitation efforts made if your heart stops.

  • Mechanical ventilation: If you’re unable to breathe on your own, you can indicate whether you want a ventilator used to support your breathing.

  • Pain management: While most people want to remain as comfortable as possible, you can specify how much pain relief you want even if it may shorten your life.

These decisions are highly personal and should reflect your values, religious beliefs, and preferences for quality of life.

Why Do Living Wills Matter?

Many people assume their family will automatically make the right choices if they're ever incapacitated, but it’s not always that simple. Family members might not agree with each other, or they might not know what you really would’ve wanted. 

In emergency situations, doctors have to act quickly, and without guidance, they’ll often default to life-saving procedures—regardless of whether that’s what you’d want. Here are some important reasons to create a will:

  • Reduces family conflict: When your wishes are in writing, there's less room for disagreement among family members.

  • Gives you control: Even when you can't speak, your choices are still being honored.

  • Prevents unwanted treatment: You won’t be subjected to medical interventions that don’t align with your values.

  • Supports your doctors: Health care providers can follow a clear directive without hesitation or confusion.

  • Eases emotional burden: Your loved ones won’t be left making painful decisions during an already stressful time.

A will gives everyone involved a sense of direction and relief when clarity is needed most.

What Are the Legal Requirements for a Living Will in Florida?

Florida law has specific guidelines for how a will must be created to be valid. It’s not enough to simply jot down your wishes on a piece of paper—there are steps you must follow to make your document legally binding. In Florida, your will must meet the following requirements:

  • You must be at least 18 years old: Only legal adults can create a valid will.

  • You must be of sound mind: That means you understand what you’re doing and aren’t being coerced or manipulated.

  • It must be signed in front of two witnesses: These witnesses must be adults, and one of them can't be your spouse or blood relative.

  • It can be written or oral: Florida does accept oral declarations in some cases, but having it in writing is always stronger and clearer.

  • You can revoke or change it at any time: As long as you're mentally competent, you can update or cancel your will whenever you want.

If your document doesn't meet these legal standards, it might not be honored. That’s why it’s smart to work with an attorney who understands Florida law and can guide you through the process.

Choosing a Health Care Surrogate

While a will outlines your treatment preferences, it doesn't give someone the authority to speak on your behalf. That’s where a health care surrogate comes in. This is someone you trust to make medical decisions for you if you're incapacitated. Here’s what to think about when picking a health care surrogate:

  • Trustworthiness: Choose someone who’ll respect your decisions even if they disagree with them.

  • Availability: Pick someone who can be reached quickly in an emergency.

  • Communication skills: Your surrogate will need to talk clearly and confidently with medical staff.

  • Emotional strength: This role can be stressful, so choose someone who can handle high-pressure situations.

  • Understanding of your beliefs: Whether based on religion, philosophy, or personal values, your surrogate should fully understand and respect your preferences.

Naming a surrogate adds another layer of protection to your end-of-life care planning and helps your will carry more weight during real-world decisions.

Discussing Your Living Will With Loved Ones

Writing a will is a vital step, but talking about it with family and friends is just as important. These conversations can be tough, but they’re key to making sure your wishes are fully understood. The more your loved ones know about your preferences, the easier it will be for them to support those choices if the time comes. Here are some tips for having this conversation:

  • Start early: Don’t wait for a health scare to bring up the topic.

  • Be honest and clear: Let your family know how you feel about different types of medical care.

  • Keep it focused on your values: This isn’t just about procedures—it’s about what matters to you most.

  • Revisit the conversation over time: People's feelings and understandings can shift, so check in periodically.

  • Put it in writing: Once you’ve talked it through, make sure everyone knows where your will is stored.

This kind of openness can bring your family closer and remove uncertainty in a crisis.

Storing and Updating Your Will

Once you’ve signed your will, you’ll need to decide where and how to store it. You want it to be easy to find if there's a medical emergency. Doctors and hospitals won’t go hunting for the document, so the people who need it must know where it is. Some good ways to store your will include:

  • With your primary care doctor: Ask them to include it in your medical records.

  • In a digital health record: Some online portals allow you to upload and store advance directives.

  • With your attorney: They can keep a copy in your file and provide one if it’s ever needed.

  • At home in a clearly marked folder: Just be sure someone else knows where to find it.

  • With your health care surrogate: They should always have easy access to your will.

It’s also smart to review your will regularly. Life changes, and your wishes might change too. If you experience a serious health diagnosis, get married or divorced, or simply shift your perspective, take another look at your document and update it as needed.

Contact an Estate Planning Attorney Today

A living will isn’t just about medical treatment—it’s about your dignity, values, and peace of mind. Now is the time to take control of your care with help from a knowledgeable professional. As an Ocala estate planning lawyer, I serve clients throughout Marion County. Reach out today to get started with a free consultation.