Living Wills

living-wills-attorney-miami-patrick-gillesLiving wills ensure that a person’s wishes with regards to medical treatment and life saving efforts are known and honored if they are incapacitated due to a serious illness or injury. While a person may have discussed their wishes with a spouse or family member, in many circumstances, doctors cannot legally follow the instructions of a third person without a living will in place. A living will also helps prevent disputes between family members about what a loved one would have wanted.

Because a living will grants enormous responsibility over such important decisions, it must strictly comply with the law. This includes being in the proper form, having two witnesses witness its signing (at least one who is not a spouse or blood relative), and being properly executed. For a living will to be useful, copies should be provided to the maker’s primary healthcare provider and the health care surrogate, and other family members should know how to access it.

Our services include:

  • Drafting a living will in accordance with current state law
  • Providing the legally required witnesses to the living will’s signing
  • Notifying and providing copies to physicians and other health care providers
  • Modifying an existing living will including changing the health care surrogate

Role of the Health Care Surrogate

The role of the health care surrogate is to consult with health care providers and make decisions that are in line with the living will and its maker’s wishes when the maker is incapable of doing so. When the living will doesn’t cover a specific scenario, the health care surrogate is tasked with making the decision they think the maker would make if they were capable of making the decision.

For help creating or modifying a living will near Miami Springs, Miami Shores, North Miami Beach, Hallandale, Hollywood, Fort Lauderdale, Deerfield, Pompano, Delray Beach, Juno Beach, Orlando or any other surrounding areas of Miami-Dade, Broward, Palm Beach, or Orange Counties, contact Patrick Jean-Gilles, P.A. today.