BETTEN, MURPHY & WEISS
Attorneys, PA
Brevard's Elder Law Firm
1800 Penn Street, Suite 6
Melbourne, FL 32901-2625
Phone (321) 676-2525
Any competent adult may complete a Living Will giving instructions concerning the providing, withholding, or withdrawal of life-prolonging procedures in the event the person later suffers from a terminal condition. A terminal condition includes both a condition from which there is no reasonable probability of recovery and which, without treatment, can be expected to cause death and a "persistent vegetative state" (a permanent and irreversible condition of unconsciousness).
What is a Living Will?
A Living Will is a written document in which you designate someone to advocate for your wishes concerning withholding or withdrawing life-prolonging procedures if you are incapacitated and suffering from a terminal condition or vegitative state. When you have a Living Will along with our Health Care Workbook, your personal and private wishes are respected.
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What are the execution requirements for a Living Will?
A Living Will must be in writing, dated and signed by the person making it in the presence of two adult witnesses who also sign. A person unable to sign the document may, in the presence of witnesses, make arrangements to direct another person to sign on his or her behalf. After a Living Will is completed, it is important to give an original (make more than one) to the person designated and your primary physician.
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How can I revoke a Living Will?
If you complete a Living Will and later change your mind, you may revoke it at any time by any of the following methods:A signed and dated written instrument;
Physical cancellation or destruction of all original documents;
By completing a new Living Will that is materially different from the one you previously executed and wish to revoke.
A revocation becomes effective when it is communicated to the designated person or to your health care provider.