A comprehensive estate plan should accomplish more than simply deciding what happens to your estate assets after you pass away. Your estate plan can also protect you and your assets while you are alive. In fact, one of the most important aspects of your estate plan should be the inclusion of advance directives that ensure your wishes will be honored regarding end-of-life healthcare decisions. Toward that end, the Port St. Lucie attorneys at Kulas Crawford & Smith discuss whether you should include a Living Will in your Florida estate plan.
What Is an Advance Directive?
An advance directive is a legal document that allow you to plan for the possibility that you will be unable to make or communicate your wishes regarding healthcare decisions at some point in the future. The most common types of advance directives allow you to make your own end-of life wishes now in case you are unable to communicate those wishes at some later time and appoint someone to make decisions for you if decisions need to be made that you did not already make. State law dictates which type of advance directives are recognized in a particular state. In the absence of an advance directive, you have no guarantee that your wishes will be honored nor who will make healthcare decisions for you.
The State of Florida recognizes two types of advance directives. The first is a Power of Attorney for Health Care which allows you to name someone to make healthcare decisions for you, including decisions about life-sustaining treatment if you are unable to make decisions for yourself. The second is a Living Will. This document lets you make important decisions regarding medical treatment, including end of life treatment, now in case you are unable to make them for yourself at some point in the future.
When Should I Create a Florida Living Will?
People often fail to execute a Living Will because they are either unaware of the benefits of having a Living Will in place or because they are operating under the mistaken belief that they don’t need one yet. The truth is that everyone should have a Living Will in place, without regard to your age, wealth, or marital status. Ideally, that means you should execute a Living Will when you create or update your estate plan. There are, however, some life changes that should prompt you to immediately execute a Florida Living Will, such as:
- Prior to a scheduled surgery. If you are scheduled to have surgery, that is an excellent time to create your Living Will and really think about the provisions in it just in case they are needed. As the adage goes “plan for the worst and hope for the best.”
- Becoming a parent. Life, or more specifically the importance of life, sometimes takes on a heightened importance when you become pregnant, making it a good time to create your Living Will.
When Is the Appropriate Time to Revise My Living Will?
Regularly reviewing and revising your entire estate plan every few years is advisable. However, specific life changes may necessitate an immediate update to your Living Will. These include:
- Significant health changes: A diagnosis of a serious illness, such as Alzheimer’s, warrants a prompt review of your Living Will to ensure it aligns with your current wishes.
- Retirement age: As perspectives on various aspects of life evolve with age, reaching retirement age may prompt a reassessment of your views on medical treatments, warranting an update to your Living Will.
- Changes in personal wishes: Various life experiences, from spiritual awakenings to the loss of a loved one, can lead to a significant shift in your preferences. If you find yourself feeling differently about the matters addressed in your Living Will, it is advisable to make immediate adjustments.
Are You Ready to Create Your Florida Living Will?
To learn more, please join us for an upcoming FREE seminar. If you are ready to get started on your Florida Living Will, please contact an experienced Port St. Lucie estate planning attorney at Kulas Crawford & Smith by calling (772) 398-0720 to schedule a consultation.
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