Today's medical technology makes it possible to keep people alive who have suffered brain injuries from illness, accidents, violent attacks, infections, and strokes. Many patients will make a partial or full recovery after a short-term coma, while others remain in a vegetative state with little hope of recovering consciousness. Without a living will, the next of kin or the person holding a power of attorney decides the fate of the patient. Many people choose to write a Living Will to ensure their wishes are carried out — and to spare their loved ones from making this painful decision.
A Living Will is part of the health care directives recognized by the State of Florida. A designation of health care surrogate and an anatomical donation are the other two recognized health care directives.
A living will lawyer at The Berman Law Group in Boca Raton will draft and process a legal document that expresses your wishes regarding medical treatment, life-prolonging treatment such as life support, and end-of-life care instructions. Your Boca Raton lawyer will also ensure your living will contains the proper wording and meets all Florida law requirements. Anything left open to interpretation can be contested in court — your attorney makes sure that doesn't happen. You also decide who receives a copy of your living will, such as your doctor, spouse, and children.
A living trust, or revocable trust, contains instructions for the distribution of your assets after your death — similar to a will. Living trusts are preferred by those who wish to avoid probate and keep their asset distributions private. Wills and probate are part of public records; trusts remain closed unless a trustee or beneficiary requests court approval. It is also significantly harder to contest a trust than a will, and there may be tax benefits for married couples.
Your Boca Raton estate planning lawyer at The Berman Law Group will ask you questions and provide recommendations to help you decide. For example, if you want to cover your children's education expenses after your death, you might assign funds to a trustee to distribute as needed — providing flexibility that a will alone cannot. Trusts are purposeful in many circumstances but not necessary for everyone. Your attorney can also review your existing trust and make any updates or adjustments.
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