ProbateLiving Wills

Every competent adult has the right to make a written declaration known as a “Living Will” to direct the provision, the withholding, or the withdrawal of life-prolonging procedures in the event one should have a terminal illness or be in an end-state condition or in a persistent vegetative state.

Under Florida law, a Living Will must be signed by its maker in the presence of two witnesses, at least one of whom is neither the spouse nor a blood relative of the maker. If the maker is physically unable to sign the Living Will, one of the witnesses can sign in the presence and at the direction of the maker. A Living Will which was signed in another state will be recognized under Florida Law if that out-of-state Living Will was signed in compliance with the laws of that state or in compliance with the laws of Florida.

The maker should notify his or her physician of the existence of any Living Will. It is a good idea for the maker of a Living Will to provide a copy to the maker’s physician and hospital, to be placed within the maker’s medical records.

Trader Legal offers a Healthcare and Estate Planning Package which includes the following estate planning documents: Last Will and Testament, Living Will, Designation of Healthcare Surrogate, Designation of Preneed Guardian, and Durable Power of Attorney. Give us a call today at (321) 723-6731 for package pricing and more information.