Advance Directive Lawyer Orlando, FL
If you want to control what happens with your medical care when you cannot speak for yourself, you need advance directives. These legal documents let you specify your treatment preferences and designate someone to make healthcare decisions on your behalf.
Without advance directives, your family may face difficult choices without guidance, or disagree about what you would have wanted. Our Orlando, FL advance directive lawyer at Magill Law Offices helps individuals and families create these documents. We offer free consultations to discuss your options under Florida law.
Why Choose Magill Law Offices for Advance Directive Services in Orlando, Florida?
Established Estate Planning Practice
Magill Law Offices opened in 1977 under the leadership of Patrick Magill. His son, Robert T. Magill, now runs the firm and focuses on estate planning, advance directives, trusts, and probate matters for clients throughout Orange County.
Robert received his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. He became a member of The Florida Bar in 2008. Before law school, he worked in the legal field alongside his father for over twenty years, which gave him practical experience with how advance directives function in real medical situations and family dynamics.
Academic and Professional Background
Robert served as an Adjunct Professor at the University of Central Florida, teaching estate planning subjects. He maintains membership in the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar.
If you need an estate planning lawyer in Orlando, FL, advance directives fit within a broader plan that typically includes a will or trust, durable power of attorney for financial matters, and sometimes guardianship designations for minor children. We handle all of these documents.
What Our Clients Say
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“My experience with Robert Magill was a bit unusual as I thought I’d done requirement for property after death of husband. After years of things going smoothly taxes showed his name again. When I called tax center was simply told probate not done and had to do. I was beyond frantic and started looking up attorneys who I might be able to afford. Luckily I happened across Mr. Magill who talked with me, made me feel so calm and with little effort on my part we got started.” – Pam Buck
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Types of Advance Directive Cases We Handle in Orlando
Advance directive is an umbrella term that covers several distinct documents under Florida law. Each serves a different purpose, and most people benefit from having more than one. These are the advance directive matters we handle for Orlando clients.
- Living wills. A living will states your wishes regarding life-prolonging treatment if you have a terminal condition, end-stage condition, or are in a persistent vegetative state. It addresses decisions like mechanical ventilation, artificial nutrition, and hydration when there is no reasonable expectation of recovery.
- Healthcare surrogate designations. This document names someone to make medical decisions on your behalf whenever you are unable to make them yourself. Unlike a living will, which applies only to end-of-life situations, a healthcare surrogate can act during any period of incapacity.
- HIPAA authorization forms. Federal privacy laws restrict who can access your medical records. A HIPAA authorization allows your healthcare surrogate, family members, or others you designate to obtain information from doctors and hospitals about your condition and treatment.
- Do Not Resuscitate orders. A DNR directs healthcare providers not to perform CPR if your heart stops. This is a medical order prepared with your physician, distinct from but related to your other advance directives.
- Anatomical gift declarations. If you wish to donate organs or tissues after death, you can document that decision as part of your advance directive package. Florida law allows these declarations to be included with your other healthcare documents.
- Updating existing advance directives. If you created advance directives years ago, your preferences or circumstances may have changed. We help clients review and revise existing documents to reflect current wishes.
Florida Legal Requirements for Advance Directives
Florida governs advance directives under Chapter 765 of the Florida Statutes, titled “Health Care Advance Directives.” Creating valid documents requires compliance with specific statutory requirements.
Living Will Requirements
Under Florida Statute 765.302, a living will must be signed by you in the presence of two witnesses. At least one of those witnesses cannot be a spouse or blood relative. The document takes effect when your attending physician and a second physician determine that you have a qualifying condition and lack capacity to make your own decisions.
Healthcare Surrogate Requirements
Florida Statute 765.202 sets out the requirements for healthcare surrogate designations. The document must be signed in the presence of two witnesses. You can name an alternate surrogate in case your primary choice is unavailable or unable to serve when needed.
What Happens Without Advance Directives
If you become incapacitated without a healthcare surrogate designation, Florida law establishes a default hierarchy of decision-makers starting with a court-appointed guardian if one exists, then your spouse, then adult children, and so on. This statutory order may not match who you would actually want making medical decisions for you.
If family members disagree about your care, the dispute can lead to court involvement, delays in treatment decisions, and lasting family conflict. A guardianship proceeding may become necessary if no one can agree.
Important Aspects of an Orlando Advance Directive Case
Creating effective advance directives requires more than filling out forms. These are the elements we address with every advance directive client.
Thinking Through Your Preferences
Many people have only a general sense of what they want. They know they do not want to be on life support indefinitely, but they have not considered the specific scenarios they might face. Do you want artificial nutrition and hydration if you are in a persistent vegetative state? What about antibiotics to treat infections or pain medication that might shorten your life?
We discuss these questions so your documents reflect your actual values and preferences.
Choosing the Right Healthcare Surrogate
The person you name as healthcare surrogate will make critical decisions if you cannot. This requires someone who understands your values, can handle difficult conversations with medical providers, and will advocate for what you want even under pressure from other family members.
Your surrogate should also be someone who is likely to be available and reachable in an emergency. We help you think through who is the best fit for this role.
Coordinating With Financial Planning Documents
Medical incapacity often coincides with the need for someone to manage your finances. Your power of attorney addresses financial decisions, while your healthcare surrogate handles medical ones.
If you have a revocable trust, your successor trustee manages trust assets during incapacity. These documents should name appropriate people in each role and work together without conflict.
Making Your Documents Accessible
Advance directives do no good if no one can find them in an emergency. Your healthcare surrogate needs copies. Your primary care physician should have them in your medical file. Family members who might be present during a crisis should know where to locate them.
We provide guidance on distributing and storing your advance directives so they are available when needed.
Communicating With Family
Documents are important, but conversations matter too. If your family has not heard directly from you about your wishes, they may question whether the written directives reflect what you really want. Discussing your preferences openly reduces the chance of conflict later.
We encourage clients to talk with family members about their advance directive decisions.
Periodic Review
Your views on medical treatment may change as you age or face health challenges. A document created at forty may not reflect your preferences at seventy-five. Similarly, the person you named as healthcare surrogate years ago may no longer be the right choice.
We recommend reviewing advance directives every few years or after major life events. Updating your estate plan should include revisiting these documents.
Contact Magill Law Offices
If you want to create advance directives or need to update documents you prepared years ago, we can help. Our Orlando advance directive attorney offers free consultations where you can ask questions and learn about your options under Florida law.
We respond to inquiries promptly. You can schedule a consultation at a time that works for you.
Advance directive planning is one of the most important things you can do for yourself and your family. It gives you control over your medical care and spares your loved ones from having to guess what you would have wanted. Magill Law Offices has been helping Orlando families with these decisions since 1977.