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Home >> Changing Advance Directives in Florida

Changing Advance Directives in Florida

March 27, 2014 by Andreas Kulas Leave a Comment

Advance directives are estate planning documents through which you can control the types of health care and treatment you receive if you are ever incapacitated. In Florida there are two main types of advance medical directive: the health care surrogate and the living will. Most people who create an estate plan will create both of these documents.

After making your advance directives in Vero Beach, Florida, there may come a time when you want to change choices you made. Though you will want to speak to your estate planning lawyer about how to do this properly, here’s what you need to know.

Changing your Advance Directives in Florida

Your Living Will

A living will is a document that states the kinds of medical treatments you want to receive if you become incapacitated. Most people who create an estate plan include a living will, but no one is ever obligated to create them.

Though all living wills in the state of Florida have to meet some basic legal requirements, you can be as detailed as you like when you state your medical wishes. It’s best to make your choices after you have consulted with your physician so you can better choose the kinds of healthcare you do or do not wish to receive. A lot of people, for example, create living wills that address the types of care you would want to receive if you are diagnosed with different types of illnesses. Other living wills are much more general.

Anyone who creates a living will can change the document as long as they remain mentally capable. Most people who make changes simply create a new living will that states their new choices.

Your Health Care Surrogate

Unlike a living will, your health care surrogate does not state specific medical choices. Instead, this advance directive lets you choose someone else to represent you and your decisions should you become incapacitated. This person, called your surrogate, will act as you’re stand-in when your doctors need someone to make a medical decision that affects you.

Like your living will, you are never under any obligation to create a health care surrogate in the state of Florida. Also, if you choose to create a health care surrogate, you can change the document whenever you like as long as you remain mentally able to do so.

When people want to change their health care surrogate they usually want to change who they choose as their representatives. This is perfectly acceptable, and you can choose to do this at any time. However, the person you choose must be a capable adult and must be willing to serve in the position. Also, it’s a good idea to include an alternate or backup surrogate in case your first choice cannot serve.

Filed Under: Incapacity Planning Tagged With: advance directive, advance directives in vero beach florida, advance health care directive, living wills

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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