MyTampaBayEstate.com

Protecting You and Your Loved Ones

About Us

Wills

Trusts

Living Wills

Powers of Attorney

Special Needs

Taxes

Probate

Resources

Free Book

Estate Law Firm

Contact Us

Disclosure

Living Will

A Living Will is a document authorized by Florida law which allows you to state your desires and intentions in the event you are faced with either: 1) a terminal condition; 2) an end-stage condition; or 3) a permanent vegatative state. If you face one of these conditions and the doctors have done all they can so that death is inevitable, then you cna express your intentions to your family and your phyisicans.

Typical language in a Living Will reads something to this effect:

If at any time I have a terminal condition, end stage condition, or am in a persistent vegetative state, and if my attending or treating physician and another consulting physician have determined that there is no medical probability of my recovery from such condition, I direct that life-prolonging procedures, including without limitation the measures initialed in items 1 – 3 below, be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.

 Measures of artificial life-support in the face of impending death that I specifically refuse are (those to which I affix my initials):
 ________ (1)   mechanical respiration when I am no longer able to sustain my own breathing;
 ________ (2)   nasogastric or other feeding tube when I am paralyzed or unable to take nourishment by mouth;
 ________ (3)   electrical or mechanical resuscitation of my heart when it has stopped beating.

 

It is my intention that this declaration be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and to accept the consequences for such refusal.

Another benefit of having a Living Will is that you can designate a surrogate(s) to speak on your behalf if you are unable to do so. This person should be someone you trust and who has the inner fortitude to stand up for your rights in the event of a life-threatening condition. Without a Living Will, if you should be in any of the life-threatening conditions listed above, your family and your physician may not be able to honor your intentions without getting a court order. This is what happened in the now famous case involving Terri Schiavo. Every adult should have a Living Will if they do not want to end up on life support during their final days.  

For additional information or to discuss preparation of a Living Will, visit: www.linslawgroup.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you information about their qualifications and experience. 

                                                                     

  (c) Copyright 2008 Michael Lins, Attorney