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Wills and living wills

Living wills are not really wills at all. Instead, a living will (which also may be known as a healthcare directive or directive to physicians) is a document that expresses a person's desires and preferences about medical treatment in case he or she becomes unable to communicate these instructions during terminal illness or permanent unconsciousness. The first living wills helped people who wanted a natural death unattended by artificial life support and other advanced medical techniques. As these documents became more popular and widely available under local laws, they came to include other health care concerns such as tube feeding, resuscitation, and organ donation. While living wills are allowed in all states, they sometimes must follow certain formalities to be effective. If valid, a living will binds health care providers to its instructions.

What Can a Living Will Cover?

Many people believe that living wills only direct health care providers to withhold treatment. While many choose to issue that type of instruction, a living will also allows a person to ask for all available treatment options and medical techniques, or to choose some medical options and reject others. Because a living will involves complicated medical issues, consultation with a doctor may help clarify different treatment types and assist the patient in making living will decisions. Some people do not complete living wills because they worry doctors could let them die when there is still a chance for recovery. However, a living will cannot take effect legally unless the patient is medically determined to be in a permanent vegetative state or terminally ill, and therefore unable to communicate medical preferences.

Living Will vs. Durable Power of Attorney

A durable power of attorney can perform some of the functions of a living will. This document gives an attorney-in-fact legal power to make health care decisions for someone who cannot make those decisions him or herself. A durable power of attorney differs from a living will in that it may direct the attorney-in-fact to carry out the living will's instructions or it may allow the attorney-in-fact to use his or her own judgment. The living will itself also can specify a proxy to help enforce its terms. A durable power of attorney may be used whenever the individual granting the power cannot make his or her own health care decisions; it does not depend on terminal illness or permanent unconsciousness to become effective. Most estate planning attorneys recommend both documents to cover all situations.

Without a living will or durable power of attorney, family members may end up arguing over what treatments should or should not be provided. Doctors will only consult family members on health care decisions; if a person prefers that a friend or unmarried partner participate in his or her health care decisions, a living will and durable power of attorney enable that person to have a say.

Choosing an Attorney-In-Fact

The person chosen as the attorney-in-fact or proxy for health care decisions should be a trusted individual who is comfortable discussing health care issues. Because this person may need to argue the patient's case with doctors or family members, or even go to court, an assertive and diplomatic individual may be preferred. The representative should be well aware of the choices made in the relevant documents, and should support those instructions. It is also useful to enlist the cooperation of friends, relatives, and health care providers by giving them executed copies of the document for their reference, should the need arise.

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Robert Kellen Bryant

4540 Southside Blvd. Suite 302, Jacksonville, FL 32216

Bar #43421(FL) License for 2007 years Member in Good Standing

Judd Roy Bean, II

813-503-4332

11818 Frost Aster Dr., Riverview, FL 33579

Bar #45342(FL) License for 2007 years Member in Good Standing

Judd Roy Bean, II

813-503-4332

11818 Frost Aster Dr., Riverview, FL 33579

Bar #45342(FL) License for 2007 years Member in Good Standing

Mr. Bean has never been a stereotypical attorney; immediately gaining a unique perspective on the "art of lawyering" with his first paid legal position, stationed in Tokyo, as a United States Air Force attorney (Judge Advocate "JAG"), practicing in many locations and in many areas of law. Overall, Mr. Bean’s practice has included: eight years of experience in Family Law (i.e., divorces, paternity, child support, child custody/time-sharing, alimony, prenuptial and post-nuptial agreements, and...

Andrea Leigh Rochlin Jakob

954-515-0101

12401 Orange Dr # 219, Davie, FL 33330-4304

Bar #47643(FL) License for 1995 years Member in Good Standing

Andrea Leigh Rochlin Jakob

954-515-0101

12401 Orange Dr # 219, Davie, FL 33330-4304

Bar #47643(FL) License for 1995 years Member in Good Standing

My goal is to provide you with Personalized and Individual attention. I have a personalized, professional approach to working with my estate planning clients, elder law clients and probate clients. I care about your family and work with you, your children or your parents to develop a plan that will serve you best. If you are anxious dealing with attorneys, fearful of the legal process, or concerned that your attorney will either 1) never return your calls; or 2) charge you an arm and a leg...

Pamela Thea Higer Polani

561-504-4533

Concierge Services 9825 Marina Blvd Suite 100, Boca Raton, FL 33428

Bar #52167(FL) License for 1995 years Member in Good Standing

Pamela Thea Higer Polani

561-504-4533

Concierge Services 9825 Marina Blvd Suite 100, Boca Raton, FL 33428

Bar #52167(FL) License for 1995 years Member in Good Standing

PAMELA HIGER POLANI, LLC Attorney at Law 9851 Savona Winds Drive DELRAY BEACH, FLORIDA 33446 TELEPHONE (561) 504-4533 CELLULAR (561) 496-4222 EMAIL: Pamela@LawPHP.com Don’t empty your pocket book seeing high-overhead attorneys; consult with me first for valuable legal assistance at a reasonable cost. Plus, we work around your hectic schedule; just like the "old-fashioned" family doctor, we will make house calls if needed! Our law firm is here to serve YOU! Taking...

Wendy Anne Mara

386-672-8081

555 West Granada Boulevard, Suite D-10, Ormond Beach, FL 32174-9490

Bar #69872(FL) License for 2009 years Member in Good Standing

Wendy Anne Mara

386-672-8081

555 West Granada Boulevard, Suite D-10, Ormond Beach, FL 32174-9490

Bar #69872(FL) License for 2009 years Member in Good Standing

Wendy A. Mara attended Stetson University where she was selected for Phi Beta Kappa, widely considered to be the nation's most prestigious honor society. After graduating Magna Cum Laude in 1993, Ms. Mara taught language arts in both Volusia County public high schools and Father Lopez Catholic High School for 13 years combined. While teaching full time, she earned her MBA from the University of Central Florida in 2006. During her time in graduate school, she was selected for membership in Phi...

Kevin Pillion

941-914-6000

1671 Mound Street, Sarasota, FL 34236

Bar #70288(FL) License for 2009 years Member in Good Standing

Kevin Pillion

941-914-6000

1671 Mound Street, Sarasota, FL 34236

Bar #70288(FL) License for 2009 years Member in Good Standing

Kevin Pillion is a certified elder law attorney (CELA®) by the National Elder Law Foundation, as accredited by the American Bar Association. Kevin is the Founder of the Life Planning Law Firm in Sarasota County, Florida, with offices in downtown Sarasota and North Port, Florida. Kevin received his Juris Doctorate from Georgetown University Law Center and has been practicing law since 1990. He is a member of The Florida Bar, Florida Institute of Certified Public Accountants, American Academy...

Barry Douglas Siegel

561-955-8515

2499 Glades Road Ste. 104, Boca Raton, FL 33431

Bar #140041(FL) License for 1998 years Member in Good Standing

Practice Areas: Elder law | Estate planning | Probate | Wills and living wills

Barry Douglas Siegel

561-955-8515

2499 Glades Road Ste. 104, Boca Raton, FL 33431

Bar #140041(FL) License for 1998 years Member in Good Standing

Attorney Barry Siegel has over 20 years of experience helping individuals and families plan for future financial security through Estate Planning, Probate & Estate Administration, Healthcare Planning, Elder Law, and more. Don't wait to make important decisions about your health and finances until it's too late. If you are looking to write a will, draft a special needs trust, or establish power of attorney, call 561-955-8515 to set up a no-cost, no-obligation consultation today.

Practice Areas: Elder law | Estate planning | Probate | Wills and living wills

Samantha Jean Fitzgerald

300 S. Pine Island Road, Suite 109, Plantation, FL 33324

Bar #173762(FL) License for 1999 years Member in Good Standing

Samantha Jean Fitzgerald

300 S. Pine Island Road, Suite 109, Plantation, FL 33324

Bar #173762(FL) License for 1999 years Member in Good Standing

As founder of the Law Offices of Samantha J. Fitzgerald, I understand the importance of providing clients with personal attention. I represents clients who are dealing with probate and estate planning issues. Knowing that there is no one-size-fits-all solution, I customize plans for clients' individual situations in order to meet their specific goals. Having a solid background in the issues surrounding estate planning gives me the ability to develop a successful strategy for every case. Prior...

Donna Joy Buchholz

4320 W El Prado Blvd Ste 15, Tampa, FL 33629-8432

Bar #398799(FL) License for 2000 years Member in Good Standing

Gregory John Nussbickel

239-561-5544

12500 Brantley Commons Ct. Suite 3, Fort Myers, FL 33907

Bar #580643(FL) License for 2002 years Member in Good Standing

Gregory John Nussbickel

239-561-5544

12500 Brantley Commons Ct. Suite 3, Fort Myers, FL 33907

Bar #580643(FL) License for 2002 years Member in Good Standing

Practicing Trust, Estate, and Elder Law for the better part of two decades, Greg's legal experience spans large firm, public interest, higher education, and even the Florida Supreme Court. He graduated cum laude from F.S.U. Law and holds a Master of Laws (LLM) degree from U.M. Greg contributes to legal education platforms, and has been featured on major news outlets. In his free time, he enjoys skiing, SCUBA, and chasing after his spirited toddler: "Ella."

Thomas Patrick Gill, Jr.

137 S Parsons Ave, Brandon, FL 335115224

Bar #767980(FL) License for 1988 years Member in Good Standing

Thomas Patrick Gill, Jr.

137 S Parsons Ave, Brandon, FL 335115224

Bar #767980(FL) License for 1988 years Member in Good Standing

Thomas P. Gill, Jr. was born and raised in Long Island, NY. He moved to Florida in 1980 to attend college and chose to make Florida his permanent home. He graduated from USF and the Stetson College of Law (Cum Laude) and has been practicing law since 1988. While in law school he was awarded numerous honors, including being named a Dana Scholar and was also appointed as a teaching fellow for research and writing I and II. He was Assistant Editor of the Stetson Law Quarterly and participated in...

David Francis Hanley

954-370-0717

3020 NW 125th Avenue, #416, Sunrise, FL 33323-6319

Bar #946613(FL) License for 1992 years Member in Good Standing

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