What is the Difference Between a Living Will and Advance Directives?
An estate plan is critical if you want to secure your future and ensure that your wishes are fulfilled during life’s most difficult moments. There are many documents you should include in your estate plan and a living will and advance directives are just common examples of these. Many people believe that these two documents are the same thing but in fact, that is not the case. Below, our Tampa advance directives lawyer explains the differences between these important legal tools.
Advance Directives vs. Living Wills
While no one wants to think about it, there may come a time when you cannot express your healthcare preferences due to declining health, advancing age, or a debilitating injury. Living wills and advance directives are legal instruments that can help you prepare for these situations by providing clear instructions regarding the medical care you wish to receive. You can also designate someone you trust to make these decisions on your behalf.
Living wills are a type of advance directive. However, the term ‘advance directive’ refers to any legal document that specifies any future medical treatment you would like to receive. So, while living wills are a type of advance directive, not all advance directives are considered living wills. Advance directives are broader and encompass many legal documents that pertain to any future medical care.
Types of Advance Directives
As mentioned, there are many different types of advance directives you can include in your estate plan. These include:
- Living wills: A living will outlines the type of medical care you want if you become seriously injured or ill and cannot express your preferences. A living will can outline your preferences for pain management, life-sustaining treatments, and end-of-life care.
- Health care proxies: With a health care proxy, you can designate an agent, or proxy, to make healthcare decisions on your behalf if you are unable to do so. These legal tools can become effective during any medical situation and do not necessarily focus on end-of-life or life-sustaining medical measures, as living wills often do.
- Do Not Resuscitate orders: A Do Not Resuscitate, commonly referred to as a DNR, instructs healthcare providers not to perform CPR if your heart stops or you stop breathing. Your doctor will include your DNR order in your medical chart.
- Tissue and organ donation: You can create an advance directive to include your wishes regarding tissue and organ donation upon your death.
Our Advance Directives Lawyer in Tampa Provides Comprehensive Legal Representation
To ensure that you are prepared for all of the situations that may occur in life, proper preparation is key. At Messina Law Group, P.A., our Tampa advance directives lawyer can advise on the documents to include in your estate plan depending on your personal circumstances and ensure they are executed properly so your wishes are fulfilled. Call us today at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help.
Sources:
quality.healthfinder.fl.gov/report-guides/advance-directives
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.302.html
