- Ian L. Fleming (1908-1964)
A living will, or an advance health care directive, are written instructions to the public about what actions should be done concerning an individual’s health in the event that individual is no longer able to make a decision due to an illness or incapacity. These documents are usually required to be executed by hospitals and doctors prior to surgery or other invasive medical proceedings to ensure that the wishes of an individual are carried out in case something goes wrong. However, these documents are important beyond planned events, they are useful in case the unexpected happens and a decision has to be made after the unthinkable has occurred.
Many may remember the “Terri Schiavo” case where Teresa Marie Schiavo was diagnosed to be in a persistent vegetative state and her loved ones fought in the courts for seven years about whether further life-prolonging procedures should be given. A huge issue in the matter was the fact that Mrs. Schiavo had no written living will informing everyone of her beliefs and wants.
A living will is one important piece of a person’s individual estate planning package. Florida estate planning can be as simple as having a last will and testament, health care surrogate, durable power of attorney, and living will or be inclusive of other asset protection plans including trusts and business succession planning. It is recommended that regardless of what one possess, that one should prepare now to avoid burdening one’s family and friends with making decisions on their behalf when they could have told them in writing earlier.
Please consult with an estate planning attorney regarding your desires and wishes.
