We focus exclusively on Florida trust and estate law

Do you have advance directives?

On Behalf of | Sep 9, 2024 | Estate Planning

It’s a situation no one wants to encounter. A loved one is in critical condition, and no one knows their wishes for medical treatment.

Without advance directives, you place your family in a heartwrenching position, wondering if they’re doing the right thing.

What are advance directives?

Advance directives are your instructions regarding your medical care preferences. They often come into play when you are incapacitated or unable to communicate your wishes due to illness or injury. By having advance directives in place, you can guide your loved ones and healthcare providers so they can make decisions that align with your values and desires.

Florida recognizes four types of advance directives:

  1. Living will: This document outlines the types of medical treatments you do or do not want to receive, such as life-sustaining measures like mechanical ventilation.
  2. Medical power of attorney (POA): This directive allows you to designate a trusted person to make medical decisions on your behalf if you cannot do so. They will be responsible for ensuring your healthcare preferences are honored.
  3. Out-of-Hospital Do-not-resuscitate (DNR) orders: This informs home health care aides, nursing home staff or EMTs that you don’t want any life-sustaining treatment outside of the hospital.
  4. Declaration for mental health treatment (DMHT): This informs your healthcare provider of your wishes for mental health care. Unlike a living will and POA, the DMHT expires three years after it is signed unless you are incapacitated. In that event, it will remain in effect until you are able to make decisions again.

There are several reasons why it’s important to have advance directives in place:

  • They provide clear instructions to your family, reducing confusion and stress during a difficult time.
  • You have peace of mind knowing your healthcare wishes are documented and legally recognized.
  • You relieve your family from the burden of making difficult healthcare choices.

Making advance directives a part of your estate plan is essential. By making proactive decisions about your healthcare, you are safeguarding your preferences and easing the emotional burden on your loved ones.