Advance Directive vs. Living Will

We have defined the difference for you to help make it easier to understand.


A Living Will is always an advance directive. However, an advance directive is not always a living will. In Florida, the most common advance directive documents are a Living Will, and a Designation of Health Care Surrogate Form or Durable Power of Attorney for Health Care.

A Living Will allows you to dictate whether to keep you alive artificially and if so, under what circumstances and what treatment you should receive. If you wish to donate any of your organs, you can also include instructions in your living will or fill out a separate Organ Donation Form.

Keep in mind that emergency health care providers outside of the hospital are required to use CPR to resuscitate you during an emergency. If you do not want CPR performed on you, in the state of Florida, you can sign a Do Not Resuscitate Form. However, this form is legally valid only when is printed on a yellow paper before completing the form. Otherwise, emergency medical personnel are not required to honor the document.

The Designation of Health Care Surrogate allows you to name an adult that will speak on your behalf and make medical care decisions for you if your doctor determines you lack the physical or mental capacity to understand and willfully communicate your wishes.

This is why it is very important to have an experienced estate planning Boca Raton attorney assist you at The Berman Law Group. They can help ensure your Will in Florida does not have grounds to be challenged in court.

Locations:

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Orlando Office: 37 North Orange Ave, Orlando, FL 32801. Phone: (407) 926-6610
Gainesville Office: 805 Northwest 13th Street, Gainesville, FL 32601. Phone: (352) 514-3791 and Fax: (561) 826-5201
Stuart Office: 789 South Federal Highway, Stuart, FL 34994. Phone: (772) 283-9200 Fax: (772) 283-9229
Boca Raton Office: 3351 NW Boca Raton Blvd, Boca Raton, FL 33431. Phone: (561) 600-3823 Fax: (561) 826-5201