Legal Question in Wills and Trusts in Florida

Living Wills

What good is a living will? My mother had one and I also had medical power of attorney and both were completely ignored, with no legal recourse. She had several strokes and could no longer communicate. I want a living will that will be honored. Her will was drawn by an attorney and very carefully stated and totaly legal in the State of Florida. I even had to hire an attorney and go to court to get temporary custody of her. She finally died before the final hearing. Thanks in advance for any advice.


Asked on 3/19/05, 8:43 pm

1 Answer from Attorneys

Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: Living Wills

DISCLAIMER: Not legal advice. No attorney-client relationship is formed by this communication and no expectation of attorney-client privilege should be had. Seek advice of qualified legal counsel in your area.

ANSWER:

Florida Statutes provide for Living Wills and even offer a boilerplate format within that chapter of the law, however, just using that format might give you those kind of unfortunate results, because the basic format leaves many questions unanswered and issues unaddressed.

What you need is a more comprehensive package of documents which are properly executed and recorded. This gives health care providers clearer direction and thus, they should be less likely to ignore your Living Will.

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Answered on 3/22/05, 12:03 am


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