Living Wills Attorney in Ocala, Florida

Creating a living will is an important estate planning tool. It empowers you to articulate your end-of-life healthcare preferences for times when you may be unable to decide for yourself. Whether you're dealing with a severe illness or undergoing significant surgery, having a living will helps your loved ones and healthcare providers make sure your values and wishes are honored. 

At my firm, Michael A. Siefert, P.A., I specialize in crafting comprehensive and personalized living wills. I understand that discussing end-of-life decisions is never easy, and I recognize the weight these discussions can have on you and your loved ones. If you're looking to set up a living will, I can help make sure your document reflects your values and wishes, giving you and your family confidence and assurance in your healthcare choices. 

What Is a Living Will? 

A living will, also known as an advance directive, is a legally-binding document that records your wishes regarding medical treatments at the end of your life. Florida statutes recognizes the importance of allowing individuals to control their healthcare decisions through the use of living wills. These laws stipulate that any competent adult can make a living will, expressing their wishes regarding the provision, withholding, or withdrawal of life-prolonging procedures when such person has a terminal condition, an end-stage condition, or is in a persistent vegetative state. This can cover a wide range of interventions from resuscitation efforts to tube feeding or mechanical ventilation. 

A living will can also relieve your loved ones of the burden of making these incredibly difficult decisions during moments of crisis or grief. This foresight can spare your family the emotional strain of guessing your wishes and can prevent potential conflicts among family members about what you would have wanted. Crafting a living will is a central step in comprehensive estate planning that can uphold your autonomy and safeguard your dignity and values.  

Benefits of a Living Will 

The creation of a living will not only serves your wishes but also provides support and clarity for your family during difficult times. By carefully considering and drafting a living will, you can protect your healthcare choices, reduce the burden on your loved ones, and ensure your wishes are honored. While there are numerous benefits that come from creating a living will, I can help you develop a document that can: 

Ensure Your Medical Wishes Are Followed 

A living will gives you a voice in your medical treatment when you are unable to communicate. By clearly outlining your preferences for medical care, including the treatments you do or do not want, you can make sure that your healthcare providers respect your wishes at the end of your life. This legal document serves as a directive to physicians and family members that can guide them in making decisions that are aligned with your values. 

Reduce Family Stress and Conflict 

Decisions regarding life-sustaining treatments can be heart-wrenching for your loved ones. A living will can significantly reduce the potential for family disagreements. By clearly stating your wishes, you provide your loved ones with guidance and direction, potentially reducing the emotional distress experienced by your family and preventing any conflicts that might arise when trying to interpret what you "would have wanted" in a severe medical situation. This clarity can be a source of comfort and consensus among family members during challenging times. 

Protect Your Autonomy 

A living will maintains your autonomy and dignity at times when you might not be able to express your wishes verbally. It serves as a powerful testament to your right to make informed choices about your own healthcare, allowing you to maintain control over your body and medical treatment despite your incapacitation. It assures that your rights and personal beliefs are respected at the end of your life and that you receive the medical care you want. 

Provide Peace of Mind 

Knowing that your wishes are documented relieves you, and equally your family, of unnecessary stress during times of medical urgency. It assures that your healthcare treatment is aligned with your personal values and desires, rather than being determined by default legal standards or the assumptions of others. 

Protect Your Financial Resources 

By specifying which medical interventions you wish to avoid, you can potentially prevent the allocation of your finances to undesired, and sometimes, costly medical treatments. This careful planning ensures that your assets are preserved for your intended purposes, such as legacies for your loved ones or contributions to causes you care about. 

How to Create a Living Will 

A living will should be as individual as the person creating it, and as such, it requires introspection, discussion, and a grasp of the legalities. I can guide you through the following steps to help you create a living will that is straightforward and unique to your estate:

1. Understand the Requirements: Each state has different laws regarding living wills. Florida respects living wills as a representation of your autonomy while providing guidelines that significantly ease decision-making for your loved ones and medical practitioners.  

2. Consider Your Healthcare Preferences: Reflect on your values and healthcare preferences, particularly regarding life-sustaining treatment. Consider scenarios in which you would or would not want specific treatments, such as resuscitation, ventilator use, or artificial nutrition and hydration. 

3. Draft Your Living Will: With my assistance, I will help you draft a living will that clearly states your healthcare preferences. This document should be detailed, covering as many potential scenarios as possible to ensure your wishes are thoroughly understood. 

4. Sign and Notarize: Once the living will is drafted, you need to sign the document. Florida law requires all living wills to be signed in the presence of two witnesses, one of whom is not a spouse or a blood relative. The living will does not need to be notarized. 

5. Inform Your Loved Ones and Healthcare Providers: Inform your family and healthcare providers of your living will and provide them with copies or inform them where the document is stored. 

6. Review and Update Regularly: Your preferences may change over time, so it's essential to review your living will regularly and update it as needed. This ensures that your document always reflects your current wishes. 

Who Needs a Living Will? 

Virtually anyone over the age of 18 can benefit from having a living will. This document is particularly important for those who have strong convictions about what their end-of-life medical treatment should entail, as well as for individuals with chronic illnesses, those undergoing major surgery, or anyone facing significant health risks. However, it’s crucial to recognize that the unexpected can occur to anyone, at any age, and establishing a living will offers a measure of protection and peace of mind not just for you, but also for your loved ones.  

Common Misconceptions of Living Wills 

There are numerous misconceptions surrounding living wills, which can lead to hesitation or reluctance in creating one. Understanding and dispelling these myths can allow you to appreciate the value and importance of having a living will in place.  

Misconception #1: They're Only for the Elderly 

Life is unpredictable, and sudden illnesses or accidents can happen to anyone at any age. A living will ensures that your healthcare preferences are respected, regardless of your age or current health status. 

Misconception #2: They're Too Complicated to Create 

While a living will is a legal document, the process of creating one can be straightforward when guided by a knowledgeable attorney. I can help simplify the process, ensuring your living will accurately reflects your healthcare wishes. 

Misconception #3: Makes It Impossible to Get Life-Saving Treatment 

Some fear that having a living will means they won’t receive life-saving treatment in emergencies. This is not the case. Living wills activate only under specific circumstances, such as terminal illness or if you're in a persistent vegetative state, and they guide healthcare providers according to your wishes in those scenarios. 

Misconception #4: No Room for Flexibility or Change 

People often worry that once a living will is created, it's set in stone. However, you can update your living will to reflect your current wishes or any time your healthcare preferences or circumstances change.