When people think about estate planning, their first thoughts often go to wills and trusts. But one of the most important—and often overlooked—legal documents is the advanced living will. At Lumsden Law, we help Florida families understand how this crucial tool protects their medical rights and gives peace of mind in life’s most vulnerable moments.
What Is an Advanced Living Will?
An advanced living will, commonly referred to as an advance directive in Florida, is a legal document that spells out your preferences for medical care if you’re unable to communicate due to illness or injury. Unlike a last will and testament, which takes effect after death, an advanced living will operates while you’re still alive, ensuring that your voice is heard even if you’re unconscious or incapacitated.
This document answers vital questions, such as:
- Do you want life-sustaining treatment if you’re in a permanent vegetative state?
- Would you prefer comfort care only in certain situations?
- Who should make decisions on your behalf if you’re unable to?
Why Every Adult in Florida Needs One
Whether you’re in perfect health or managing a chronic condition, life can change in an instant. A car accident, a stroke, or sudden illness can leave you unable to speak for yourself. Without an advanced living will in place, your family may face painful decisions—and even legal disputes—during already stressful moments.
Florida law recognizes and enforces advanced directives, and having one on file helps ensure:
- Your wishes are honored
- Your family avoids emotional and legal turmoil
- Doctors and hospitals have clear instructions
- There’s no confusion about who should make decisions
What Should an Advanced Living Will Include?
A properly drafted advanced living will in Florida should cover:
- Life-Prolonging Treatments – Your preferences for interventions like ventilators, dialysis, or feeding tubes.
- Pain Management – Whether you want full pain relief, even if it may shorten life expectancy.
- Resuscitation Orders (DNR) – Do Not Resuscitate (DNR) instructions must be clearly documented and communicated.
- Designation of a Health Care Surrogate – A trusted person who will speak on your behalf. This is sometimes called a health care proxy or agent.
- Organ Donation Preferences – If applicable, your wishes on tissue and organ donation.
Living Will vs Health Care Surrogate: What’s the Difference?
While an advanced living will outlines your preferences, a health care surrogate is the person who carries them out or makes decisions not covered in writing. Florida law allows you to appoint this individual in the same document or in a separate Health Care Surrogate Designation form. At Lumsden Law, we typically recommend combining both in one legally valid document for simplicity and strength. If you’re also wondering What Is a Will of Trust?, understanding the difference between these planning tools can ensure your full estate and health care wishes are honored.
How Is a Living Will Executed in Florida?
In Florida, for an advanced living will to be valid, it must:
- Be signed by you
- Be witnessed by two adults (at least one cannot be a spouse or blood relative)
- Clearly express your healthcare preferences
- Be accessible to your family and doctors
We often advise our clients to keep copies in multiple places: your home, with your surrogate, and even in your car or purse. We also help ensure it’s included in your medical file at your primary doctor’s office or hospital.
What Happens Without One?
If you don’t have an advanced living will and become incapacitated:
- The Florida courts may appoint a guardian to make medical decisions for you.
- Family members may disagree on the best course of care.
- Your own wishes may not be followed due to lack of documentation.
This is especially critical for blended families or unmarried partners, where the law defaults to biological family for decision-making authority.
When Should I Update It?
Your living will should evolve with your life. We recommend reviewing and updating it:
- After major health diagnoses
- After marriage, divorce, or the death of a surrogate
- After turning 18 (every adult should have one)
- Every 5 years, just to keep it current
Partner With Lumsden Law for Peace of Mind
At Lumsden Law, we don’t just prepare documents—we help you make informed, compassionate decisions about your future. We’ll work with you to create a customized advanced living will that reflects your values and ensures your wishes are respected.
Our clients throughout Florida choose us because we make complex legal decisions simple, accessible, and personal. Whether you’re exploring Trusts vs Wills or setting up a health care directive, we bring clarity and confidence to every step. Your future matters. Your choices deserve clarity.
Ready to Protect Your Medical Wishes?
Don’t leave your future to chance. Schedule a consultation with Lumsden Law today and let’s build an advanced living will that gives you and your family total peace of mind.
