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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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Kevin Pillion
Kevin Pillion
84

1671 Mound Street, Sarasota, FL 34236

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

Practice Areas: Elder law | Estate planning | Medicaid and medicare | Power of attorney | Probate | Trusts | Wills and living wills
Gregory John Nussbickel
Gregory John Nussbickel
67

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

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

Practice Areas: Elder law | Estate planning | Power of attorney | Probate | Trusts | Wills and living wills
Samantha Jean Fitzgerald
Samantha Jean Fitzgerald
61

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

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

Practice Areas: Estate planning | Power of attorney | Probate | Trusts | Wills and living wills
Wendy Anne Mara
Wendy Anne Mara
59

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

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

Practice Areas: Alimony | Child custody | Divorce and separation | Estate planning | Family | Guardianship | Probate | Uncontested divorce | Wills and living wills
Pamela Thea Higer Polani
Pamela Thea Higer Polani
56

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

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

Practice Areas: Business | Elder law | Estate planning | Foreclosure | Probate | Trusts | Wills and living wills
Robert Kellen Bryant
Robert Kellen Bryant
55

4540 Southside Blvd. Suite 302, Jacksonville, FL 32216

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

Practice Areas: Elder law | Estate planning | Guardianship | Medicaid and medicare | Power of attorney | Probate | Trusts | Wills and living wills
Judd Roy Bean, II
Judd Roy Bean, II
48

11818 Frost Aster Dr., Riverview, FL 33579

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

Practice Areas: Family | Guardianship | Health care | Wills and living wills
Barry Douglas Siegel
Barry Douglas Siegel
46

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
Andrea Leigh Rochlin Jakob
Andrea Leigh Rochlin Jakob
44

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

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

Practice Areas: Elder law | Estate planning | Power of attorney | Probate | Trusts | Wills and living wills
David Francis Hanley
David Francis Hanley
43

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

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

Practice Areas: Business | Contracts and agreements | Corporate and incorporation | Estate planning | Power of attorney | Probate | Trusts | Wills and living wills
Katherine B Schnauss Naugle
Katherine B Schnauss Naugle
42

810 Margaret Street, Jacksonville, FL 32204

Bar #514381(FL)     License for 2001 years Member in Good Standing

Practice Areas: Elder law | Estate planning | Guardianship | Marriage and prenuptials | Power of attorney | Probate | Trusts | Wills and living wills
Thomas Patrick Gill, Jr.
Thomas Patrick Gill, Jr.
39

137 S Parsons Ave, Brandon, FL 335115224

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

Practice Areas: Bankruptcy and debt | Child support | Criminal defense | Divorce and separation | Foreclosure | Personal injury | Wills and living wills

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