Homepage >> Fillable Living Will Template >> Free Living Will Form for the State of Florida

Common mistakes

  1. Neglecting to Specify Treatment Preferences: Many individuals fail to clearly outline their preferences regarding specific medical treatments. A Living Will should detail what types of life-sustaining measures one would or would not want in various situations. Without this clarity, healthcare providers may struggle to interpret your wishes.

  2. Not Signing and Dating the Document: A common oversight is forgetting to sign and date the Living Will. This step is crucial, as a document without a signature may not be considered valid. Always ensure that your Living Will is signed in the presence of witnesses, if required.

  3. Ignoring Witness Requirements: In Florida, certain legal requirements must be met regarding witnesses. Failing to have the appropriate number of witnesses, or having witnesses who do not meet the criteria, can render the document invalid. It is essential to familiarize oneself with these requirements before finalizing the form.

  4. Using Ambiguous Language: Clarity is key when expressing your wishes. Many people inadvertently use vague terms that can lead to confusion. Instead of stating "I do not want to be kept alive," specify the conditions under which you would refuse treatment, such as terminal illness or irreversible coma.

  5. Failing to Review and Update Regularly: Life circumstances change, and so may your healthcare preferences. A Living Will should not be a one-time task. Regularly reviewing and updating the document ensures it reflects your current wishes, especially after significant life events like marriage, divorce, or the birth of a child.

Similar forms

A Living Will is an important document that outlines an individual's wishes regarding medical treatment in situations where they may no longer be able to communicate their preferences. Several other documents serve similar purposes in terms of healthcare decision-making and end-of-life planning. Here are eight documents that share similarities with a Living Will:

  • Advance Directive: This is a broader term that encompasses both a Living Will and a Durable Power of Attorney for Health Care. It allows individuals to express their medical treatment preferences and appoint someone to make decisions on their behalf.
  • Durable Power of Attorney for Health Care: This document designates a specific person to make healthcare decisions for someone if they are unable to do so. It complements a Living Will by providing a trusted individual to interpret and act on the person's wishes.
  • Operating Agreement: The Missouri Operating Agreement is essential for LLCs in Missouri as it establishes the framework for management and operations. For more information and to get started on your agreement, visit Missouri PDF Forms.
  • Do Not Resuscitate (DNR) Order: A DNR order specifically instructs healthcare providers not to perform CPR if a patient’s heart stops or they stop breathing. It reflects a person's wishes regarding resuscitation efforts, similar to the end-of-life decisions outlined in a Living Will.
  • Physician Orders for Life-Sustaining Treatment (POLST): This is a medical order that specifies what types of life-sustaining treatments a patient wants or does not want. It is often used for seriously ill patients and complements the wishes expressed in a Living Will.
  • Health Care Proxy: Similar to a Durable Power of Attorney, this document appoints someone to make healthcare decisions on behalf of the individual. It ensures that a trusted person can advocate for the individual's preferences in medical situations.
  • Five Wishes: This document goes beyond medical decisions by addressing personal, emotional, and spiritual wishes at the end of life. It allows individuals to express their desires in a more comprehensive manner than a standard Living Will.
  • Statement of Wishes: This informal document allows individuals to express their healthcare preferences and values. While not legally binding, it can guide family members and healthcare providers in making decisions aligned with the person's desires.
  • End-of-Life Care Plan: This plan outlines the individual’s preferences for care at the end of life, including pain management and emotional support. It serves as a guide for healthcare providers and family members, similar to the directives found in a Living Will.

Dos and Don'ts

When filling out the Florida Living Will form, it is important to follow certain guidelines to ensure that your wishes are clearly communicated. Below is a list of things you should and shouldn't do.

  • Do read the instructions carefully before starting the form.
  • Do provide clear and specific instructions regarding your medical preferences.
  • Do sign and date the form in the presence of two witnesses.
  • Do keep a copy of the completed form for your records.
  • Don't use vague language that could lead to misunderstandings.
  • Don't forget to inform your healthcare provider and family members about your Living Will.

Preview - Florida Living Will Form

Florida Living Will

This Living Will is created in accordance with Florida Statutes, Chapter 765, relating to Health Care Advance Directives.

I, [Your Full Name], residing at [Your Address], and born on [Your Date of Birth], declare this to be my Living Will.

This document expresses my wishes regarding medical treatment in the event that I become unable to communicate my preferences. I understand that in the future I may be unable to make my own healthcare decisions due to a terminal condition, end-stage condition, or persistent vegetative state.

In the event that I am faced with any of the above conditions, I wish for the following:

  • Do not resuscitate efforts if my heart stops or I stop breathing.
  • To receive only comfort care, not life-sustaining treatment.
  • To be allowed to die naturally and comfortably.

If I am unable to communicate my wishes, I designate the following individual as my healthcare surrogate:

Name: [Surrogate's Full Name]
Address: [Surrogate's Address]
Phone Number: [Surrogate's Phone Number]

In the absence of my designated surrogate, I trust the following individuals to make healthcare decisions on my behalf:

  1. Name: [Alternate Surrogate 1's Full Name]
  2. Name: [Alternate Surrogate 2's Full Name]

This Living Will revokes any prior Living Wills made by me.

Signed this _____ day of ______________, 20____.

______________________________
Signature

______________________________
Printed Name

Witnesses:
I hereby declare that the person signing above is known to me, and that they signed this Living Will in my presence.

  • ______________________________
    Witness 1 Signature
  • ______________________________
    Witness 1 Printed Name
  • ______________________________
    Witness 2 Signature
  • ______________________________
    Witness 2 Printed Name

Misconceptions

Understanding the Florida Living Will form is crucial for making informed decisions about end-of-life care. However, several misconceptions can lead to confusion. Here are eight common misconceptions:

  • A Living Will is the same as a Durable Power of Attorney. A Living Will outlines your wishes regarding medical treatment, while a Durable Power of Attorney designates someone to make decisions on your behalf.
  • You must be terminally ill to create a Living Will. Anyone over the age of 18 can create a Living Will, regardless of their health status.
  • A Living Will is only for older adults. Young adults can benefit from having a Living Will, especially those with specific health concerns or who engage in high-risk activities.
  • Your Living Will is permanent and cannot be changed. You can revoke or update your Living Will at any time as long as you are mentally competent.
  • Healthcare providers are not required to follow a Living Will. In Florida, healthcare providers are legally obligated to follow the instructions outlined in a valid Living Will.
  • A Living Will can cover all possible medical scenarios. While it provides guidance, it cannot address every possible situation. It's important to discuss your wishes with loved ones and healthcare providers.
  • Creating a Living Will is too complicated. The process is straightforward and can often be completed with simple forms available online or through legal services.
  • A Living Will only applies to end-of-life situations. It can also address other medical decisions, such as the use of life-sustaining treatments in various circumstances.

By dispelling these misconceptions, individuals can better prepare for their healthcare decisions and ensure their wishes are honored.

How to Use Florida Living Will

Completing the Florida Living Will form is an important step in ensuring that your healthcare wishes are respected. This document allows you to outline your preferences regarding medical treatment in the event that you are unable to communicate your decisions. Follow these steps carefully to fill out the form accurately.

  1. Begin by downloading the Florida Living Will form from a reliable source or obtain a physical copy from a legal office.
  2. Read through the entire form to understand its sections and the information required.
  3. In the designated area, provide your full name, address, and date of birth. Ensure that this information is accurate and legible.
  4. Clearly state your wishes regarding life-prolonging medical treatment. You may check the appropriate boxes or write your preferences in the provided space.
  5. If you have specific instructions about organ donation, indicate your preferences in the relevant section.
  6. Designate a healthcare surrogate if desired. This person will make medical decisions on your behalf if you are unable to do so.
  7. Sign and date the form in the presence of two witnesses. Ensure that your witnesses are not related to you and do not stand to gain anything from your estate.
  8. Have your witnesses sign and date the form as well, confirming that they witnessed your signature.
  9. Make copies of the completed form for your records and provide copies to your healthcare surrogate and family members.

After completing the form, it is advisable to store it in a safe yet accessible location. Inform your healthcare surrogate and loved ones about the document so they can act according to your wishes when necessary.