Living Will Lawyer Orlando, FL
If you have thought about what kind of medical care you would want at the end of your life, you are already ahead of most people. The harder part is putting those wishes into a legally binding document that hospitals and family members will follow.
A living will is a written directive that tells doctors and healthcare providers what treatments you do or do not want if you become terminally ill or permanently unconscious and cannot communicate your own decisions. Our Orlando, FL living will lawyer at Magill Law Offices helps individuals and families throughout Orange County create living wills and other advance directives. The firm has served Central Florida since 1977, and we offer free consultations to answer your questions and explain how these documents work under Florida law.
Why Choose Magill Law Offices for Living Will Services in Orlando, Florida?
Decades of Estate Planning Experience in Florida
Magill Law Offices opened in 1977 when Patrick Magill founded the practice. Today his son, Robert T. Magill, leads the firm with a focus on estate planning, advance directives, trusts, and probate matters for individuals and families throughout Orange County.
Robert earned his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. The Florida Bar admitted him in 2008. Before law school, he spent over two decades working in the legal field alongside his father, which gave him direct exposure to how advance directive documents function in real medical situations and family dynamics.
Professional Background and Affiliations
Robert taught estate planning subjects as an Adjunct Professor at the University of Central Florida. 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, a living will is typically one piece of a larger plan. Most clients also need a healthcare surrogate designation, durable power of attorney, and often a will or trust. We handle all these documents and ensure they work together properly.
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“Robert was extremely prompt and knowledgeable about the formal probate process that I needed to work through for my father. He has gone above and beyond to help every step of the way. Affordable pricing too!” – Craig Coderre
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Types of Living Will Cases We Handle in Orlando
Advance care planning involves several different documents, each serving a distinct purpose. Many people use the term “living will” to refer to the entire package, but Florida law distinguishes between them. Here are the advance directive matters we handle for Orlando clients.
- Living wills. Under Florida law, a living will specifically addresses end-of-life treatment decisions. It states your wishes regarding life-prolonging procedures if you have a terminal condition, end-stage condition, or are in a persistent vegetative state with no reasonable medical probability of recovery.
- Healthcare surrogate designations. This document names someone to make medical decisions on your behalf if you cannot make them yourself. Unlike a living will, which only applies to end-of-life situations, a healthcare surrogate can act whenever you are temporarily or permanently incapacitated.
- HIPAA authorizations. Federal privacy laws restrict who can access your medical information. A HIPAA authorization allows your healthcare surrogate, family members, or others you designate to obtain information from your doctors and medical facilities.
- Do Not Resuscitate orders. A DNR is a specific medical order, typically prepared with your physician, directing healthcare providers not to perform CPR if your heart stops. This differs from a living will, which addresses broader treatment preferences.
- Anatomical gift declarations. If you wish to donate organs or tissues after death, Florida law allows you to document that decision as part of your advance directive planning. We can include these provisions in your documents.
- Advance directives. If you created advance directives years ago, your wishes or circumstances may have changed. We help clients review and update existing documents to reflect their current preferences and comply with current Florida law.
Florida Legal Requirements for Living Wills
Florida has specific statutes governing living wills and other advance directives. Creating documents that comply with these requirements is essential if you want them to be honored when the time comes.
Statutory Framework
Florida’s laws on living wills appear in Chapter 765 of the Florida Statutes, titled “Health Care Advance Directives.” This chapter defines what a living will can address, who can make one, and how it must be executed to be valid.
Under Florida Statute 765.302, a living will applies when you have a terminal condition, end-stage condition, or are in a persistent vegetative state, and your physician has determined that there is no reasonable medical probability of recovery. The document must be signed by you in the presence of two witnesses, at least one of whom is not a spouse or blood relative.
Healthcare Surrogate Requirements
If you want someone to make medical decisions for you beyond just end-of-life situations, you need a separate healthcare surrogate designation. Under Florida Statute 765.202, this document must also be signed in the presence of two witnesses. You can name an alternate surrogate in case your primary choice is unavailable or unwilling to serve.
What Happens Without Advance Directives
If you become incapacitated without a healthcare surrogate designation, Florida law provides a hierarchy of family members who can make decisions for you. That order may not match who you would actually want making those choices. And if family members disagree, the dispute can end up in court through a guardianship proceeding, which is expensive, time-consuming, and public.
A living will attorney in Orlando can help you avoid these problems by creating valid documents that clearly express your wishes.
Important Aspects of an Orlando Living Will Case
Creating effective advance directives requires more than filling out a form. These are the elements we focus on with every living will client.
Understanding Your Options
Many people come to us with only a vague sense of what they want. They know they do not want to be “kept alive by machines,” but they have not thought through the specifics. Do you want artificial nutrition and hydration? What about antibiotics to treat infections or pain medication, even if it might hasten death?
We walk through these questions with you. The goal is a document that reflects your actual values and preferences, not a generic form that may not address the situations you actually face.
Choosing the Right Healthcare Surrogate
The person you name as your healthcare surrogate will make life-and-death decisions if you cannot. This is not a decision to make lightly or based solely on birth order among your children.
Your surrogate should be someone who understands your values, can handle stress, will advocate for your wishes even under pressure from doctors or other family members, and is likely to be available when needed. We discuss these considerations and help you think through who is the best fit.
Coordinating With Your Overall Estate Plan
Advance directives work alongside other estate planning documents. Your power of attorney addresses financial decisions during incapacity, while your healthcare surrogate handles medical ones. If you have a revocable living trust, your successor trustee manages trust assets if you become incapacitated.
These documents should name consistent people in appropriate roles and should not contain conflicting instructions. We draft them together to make sure everything fits.
Making Sure Your Documents Are Accessible
A living will locked in a safe deposit box does no good when you arrive at the emergency room. Your healthcare surrogate needs access to the documents. Your doctors need copies in their files. Family members who might be present in an emergency should know where to find them.
We provide guidance on how to distribute and store your advance directives so they are available when needed.
Having Conversations With Family
Documents are important, but conversations matter too. If your family does not know your wishes, they may second-guess the decisions your healthcare surrogate makes or fight about whether the documents really reflect what you wanted.
We encourage clients to discuss their advance directives with family members. A living will is more likely to be followed without conflict if your loved ones have heard directly from you about your values and preferences.
Keeping Your Directives Current
Medical situations and personal preferences change over time. A living will created in your forties may not reflect your views at seventy-five. A healthcare surrogate who was the right choice ten years ago may no longer be available, willing, or appropriate for the role.
We recommend reviewing your advance directives every few years or after major life events. Updating your estate plan should include revisiting your living will and healthcare surrogate designation.
Contact Magill Law Offices
If you want to create a living will or other advance directives, or if you need to update documents you created years ago, we can help. Our Orlando living will attorney offers free consultations where you can ask questions and learn about your options under Florida law.
We respond promptly to inquiries and can schedule a meeting at your convenience.
Advance care planning is one of the most important things you can do for your family. It spares them from having to guess what you would have wanted during an already difficult time. Magill Law Offices has been helping Orlando families with these decisions since 1977.