Living Wills in Florida
Posted by admin on Feb 25, 2010
Of all the documents included in an estate plan, perhaps none is as important as your living will. Unless you are a judge, this is probably the only life and death document you will ever sign. Despite its importance, very few people understand how it actually works. This is understandable, as it is not the most pleasant of topics. However, failure to face this issue could result in your losing the ability to make these decisions for yourself when they are most important.
Life Prolonging Procedures
A living will is an advance medical directive in which you indicate your desire to provide, withdraw or withhold life prolonging procedures under certain circumstances. In the State of Florida, life prolonging procedures may be withdrawn or withheld in the event of a terminal condition, an end-stage condition, or a persistent vegetative state.
Terminal condition means there is no medical probability of recovery and, without treatment, can be expected to cause death. End stage condition means an irreversible condition resulting in progressively severe and permanent deterioration in which treatment would be ineffective. Persistent vegetative state means a permanent and irreversible condition of unconsciousness with the absence of voluntary action or cognitive behavior and an inability to communicate or otherwise interact.
Only in the event of one of these conditions will a living will go into effect.
Parts of a Living Will
A living will is made up of two separate parts. The first part designates when the living will is to go into effect. It could designate one or all of the patient conditions stated above as the triggering event. Once one of the designated conditions is determined to exist, the second part of the living will goes into effect. The second part indicates what treatments are to be administered or withheld. A common provision is that treatment to alleviate pain and suffering should never be withheld. If you share this sentiment, make sure your living will contains this provision.
Determining the Patient’s Condition
Determining the patient’s condition is a medical decision; however, for the exercise of a living will, there are legal requirements. In determining the patient’s condition, the patient’s attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each examination must be documented in the patient’s medical record and signed by each physician before life-prolonging procedures may be withheld or withdrawn.
Procedure for Disagreement
An attending physician’s decision to withdraw or withhold life-prolonging procedures may be disputed. Once disputed, the physician is required continue to provide medical treatment. A judicial review of the disputed decision must be sought within seven days, or the attending physician may withdraw or withhold life-prolonging procedures in accordance with the living will.
Conclusion
Life prolonging procedures may be withheld whether there is a living will or not. Having a living will ensures that these determinations are made based on your express wishes and not based on statutes and the opinions of others. Failure to state your wishes could also result in your loved ones being forced to make painful decisions without fully understanding your wishes. If these issues matter to you, you should ensure you have a living will that fully represents your wishes and desires.
By: Bart Scovill
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Living Wills
Posted by admin on Feb 15, 2010
Living wills are documents that contain the wishes and desires of people regarding their medical treatment in the event of their being unable to correspond with their doctors and relatives due to incapacitation. Also known as advance health care directives, living wills are legal instruments that have been signed by witnesses and notarized. A living will is enforced when the medical experts are absolutely certain that there are no possibilities for the renewal or revitalization of a person’s health and that death is sure to occur sooner or later.
Each patient may have his or her own criteria for deciding whether or not to continue medical treatment in a situation where recovery from a serious illness has been ruled out by medical experts. Some may believe in the continuance of life as an important prerogative, even if they do not expect a change for the better in their health condition. Others may have a preference for being relatively more comfortable in their last days, without having to endure much pain, even if it means limiting the longevity of their lives. The decision to carry on with life supporting measures or making the choice to remove them is usually mentioned as directives in a living will.
Often, a living will may not be implemented, especially when the contents of the will are ambivalent. To ensure that a living will is implemented, all relevant information should be explicitly mentioned.
It is advisable that people should have a living will, regardless of their age. To understand the implications of the medical conditions and terminology, a doctor should be consulted and a second opinion sought, if necessary. A living will leaves considerable room for revaluation and reassessment, in case a person changes his mind. It can be revised, reviewed and also be withdrawn any time.
By: Marcus Peterson
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Reasons To Have A Living Will And A Will
Posted by admin on Dec 6, 2009
Because probate can be such a hassle for the beneficiaries of a decedent’s will, many people have turned to living trusts in order to avoid the whole probate process altogether. In a concise statement, a trust is an arrangement in which a settlor places property in trust, to be held by a trustee for a beneficiary.
For example, if Mr. Smith intends to leave his house to his daughter Jane, but wants spare her the headache of going through probate, he may choose to put his house in trust instead of dealing with it in his will. While drawing up his Declaration of Trust, Mr. Smith names himself as trustee, allowing him to retain legal ownership of his house. He further names his wife, Mrs. Smith, as the successor trustee. Not long after, Mr. Smith dies in a tragic car accident. When probate begins, Mrs. Smith, who has become the trustee after Mr. Smith’s death, presents the court with documents showing the existence of the trust, and therefore stops the house from ever entering probate proceedings. She can then transfer ownership of the house to Jane through some simple paperwork. The whole process usually takes no longer than a few weeks, and is comparatively painless.
The question many people ask, then, is: “Why get a will, when I can do the same thing with a living trust while avoiding probate?” The answer is that a will can serve as a useful safety net for property that a person either forgets or does not have time to place in trust. Using the previous example, suppose that, shortly before his death, Mr. Smith purchased a plot of land which he also intends for Jane to inherit. Unfortunately, Mr. Smith did not place the land in trust before his death. If he had died intestate – i.e., without a will, that piece of land would be automatically distributed according to state probate law, which may or may not be in line with Mr. Smith’s wishes. In other words, while a trust is a very effective way to avoid probate, the flexibility and wide reach of a will allows a person to account for the distribution of all their assets – even ones that are not placed in trust.
By: Joseph Devine
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Joseph Devine
