Legal Question in Health Care Law in Florida
notarizing
does a lawyer need to sign a health care surrogate and/or a durable power of attorney
2 Answers from Attorneys
Re: notarizing
no, they do not.
Re: notarizing
No. But, it does need to be signed with the formalities, required by statute in the state you reside. Usually two witnesses that are not your healthcare providers or employees of your healthcare providers, or a notary.
In Florida, you can have a living will that complies with Fla. Statutes Sec. 765.303 The section requires the attestation of two witnesses other than the spouse or a blood relative.
You can appoint a surrogate under Section 765.202 and 765.203. It requires two subscribing witnesses, neither of which can be the surrogate or healthcare agent, nor a spouse or blood relative.
You can purchase a form for download from my website www.IWant2CreateMyLegacy.com that allows you to provide both a living will and a healthcare agent. If you complete the document by filling in the blanks and follow the instructions for execution, it will be valid in Florida (and I might add every other State in the US.)
More generally, I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.
You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.
Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (no Legalese) that will be valid in every State in the US.
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