Living will
A living will is a document that records a person's preferences about medical care and treatment. For owners of businesses, real estate and private investments, it describes care preferences if they become unable to communicate them. A living will can be part of an advance directive, which may also name an agent to speak and decide for the person.
How it works
A living will records desired medical care and treatments. It states treatment a person wants to receive or forgo, and it can guide a health care surrogate and medical providers about treatment if the person's condition becomes terminal.
An advance directive may include a living will and a medical power of attorney. The living will records treatment preferences, while the medical power of attorney names an agent to speak and decide for the person.
Where it shows up for owners of businesses, real estate and private investments
A living will concerns medical treatment preferences, including for a business owner, real estate owner or private investor who cannot communicate those preferences. Durable powers of attorney and health care proxies appoint someone to make decisions during incapacity.
A Florida living will takes effect upon loss of capacity or ability to communicate a decision if one of three conditions exists: end-stage disease, terminal illness or persistent vegetative state.
Points that are easy to confuse
A living will states desired medical care and treatment. A health care proxy or durable power of attorney appoints an agent to make decisions during incapacity, and a medical power of attorney names an agent to speak and decide for the person.
Common questions
What does a living will describe?
A living will records a person's preferences about medical care and treatments, including care the person wants to receive or forgo.
Is a living will the same as a health care proxy?
An advance directive may include a living will and a medical power of attorney that names an agent to speak and decide for the person.