Skilled Tampa Living Will Attorneys Helping Protect Your Medical Wishes
A living will is one of the most important documents in a comprehensive estate plan. It allows you to clearly state your preferences for medical treatment if you become unable to communicate due to serious illness, injury or incapacity. For individuals and families in Tampa, having these instructions in place can reduce confusion, conflict and emotional strain during already difficult moments.
At Lins Law Group, P.A., our attorneys have been addressing the complex estate planning concerns for Tampa families, professionals and business owners for more than 30 years. We take a thoughtful, detail-driven approach to planning so that your medical wishes are clearly documented and coordinated with the rest of your estate plan.
What Is A Living Will? When Does It Go Into Effect?
A living will attorney helps you create a legal document that outlines your wishes regarding life-prolonging medical treatment. This may include directions about artificial nutrition, hydration, ventilators, resuscitation and other end-of-life care decisions.
A living will does not take effect immediately. Instead, it becomes effective only if you are unable to communicate your own health care decisions and a physician determines that you meet the legal standard for incapacity under Florida law.
What A Living Will Cannot Do
While a living will is an important estate planning tool, it has defined limits. It does not distribute property, direct financial accounts or control who receives your assets after death.
It also does not authorize someone to manage your finances or legal affairs. Those matters are typically handled through other documents, such as a durable power of attorney, trust or last will and testament. Our lawyers often help clients coordinate all of these documents into a single, comprehensive plan.
Can You Change A Living Will?
Yes. A living will should be reviewed and updated whenever major life events occur. Marriage, divorce, health changes, the birth of grandchildren, retirement or changes in family relationships may all justify revisions. In general, however, a living will can be changed at any time, so long as the maker is competent.
What is a living will and why do I need one?
A living will is a document authorized by Florida law which allows you to formally express your desires in the event you develop a terminal condition, an end-stage condition or are in a permanent vegetative state. The document also authorizes the appointment of a “surrogate” who is authorized to act on your behalf in carrying out the purposes of the living will. Most people became aware of the importance of a living will during the highly publicized Terri Schiavo legal battle. In that case, Terri Schiavo had a heart attack and was left in a permanent vegetative state. However, because she had no living will, her husband and her parents were at odds over what would have been her true desires when faced with her situation. Ultimately, multiple courts had to intervene. If Terri Schiavo had executed a living will prior to her illness, the dispute over her outcome probably would have been avoided. A living will is a very simple document but it has far-reaching effects and should be included as part of any estate plan. Under today’s HIPPA laws, the disclosure of medical information is very strictly governed. As a result, any living will should include language giving an HIPPA authorization for the release of medical information to the person appointed as your surrogate. Otherwise, adequate information for making medical decisions may not be available. Many living will forms do not include this language.
Speak With Lins Law Group, P.A., About Living Will Planning
If you need help creating or updating a living will, contact Lins Law Group, P.A., through our online contact form or call 813-280-0082 to speak with an attorney. From our Tampa office, we serve clients throughout the nation. We also offer free initial consultations.