Living Will vs Last Will - Key Differences Explained

When planning for the future, most people think about who will receive their assets when they pass away. But equally important is considering how you want to be cared for during your final days. A living will addresses this crucial need, giving you control over your medical treatment when you cannot speak for yourself.

What Is a Living Will?

First, let's clear up a common misunderstanding. Despite similar names, a living will is entirely different from a last will and testament:

• A last will and testament determines who receives your property after death
• A living will is a healthcare advance directive that guides medical decisions during your lifetime

In Florida, living wills are legally recognized documents that allow you to specify your preferences for end-of-life medical care.

When Does a Living Will Come Into Play?

A living will becomes active only in specific circumstances:

• You are in an end-stage terminal condition
• You are in a terminal condition
• You are in a persistent vegetative state
• Any of the above + Medical professionals agree there is no reasonable likelihood of recovery
• You cannot communicate your wishes personally

This isn't about routine hospital stays or temporary medical issues. The living will specifically addresses situations where you face permanent unconsciousness or terminal illness with no meaningful chance of regaining quality of life.

What Decisions Does a Living Will Cover?

Without clear instructions, healthcare providers must use every available intervention to extend life, which may include:

• Intubation (inserting a breathing tube through your trachea)
• Ventilation (machine-assisted breathing)
• Feeding tubes (PEG tubes inserted directly into the stomach)
• Cardiopulmonary resuscitation (CPR)
• Other aggressive life-sustaining treatments

While these interventions can be lifesaving in many situations, they can also cause significant discomfort when there's no hope for recovery.

Florida's Legal Framework for Living Wills

In Florida, Chapter 765 of the Florida Statutes governs living wills and other advance directives. According to these laws:

• Any competent adult can create a living will
• The document must be signed in the presence of two witnesses
• At least one witness cannot be a spouse or blood relative
• The living will remains valid until revoked

Florida law also provides specific protections for healthcare providers who follow your documented wishes in good faith.

Two Possible Approaches

There's no universally "right" choice regarding end-of-life care. Florida residents typically consider two primary paths:

Option 1: Maximum Intervention
Some people prefer that healthcare providers use every possible measure to extend life, regardless of discomfort or prognosis. Their living will might state: "I direct my healthcare providers to use all available treatments to prolong my life regardless of my condition or prognosis."

Option 2: Comfort-Focused Care
Others prefer to avoid painful interventions when recovery isn't possible. Their living will might indicate: "If I am in a terminal condition with no reasonable medical probability of recovery, I direct that life-prolonging procedures be withheld or withdrawn. I ask instead for measures to keep me comfortable and manage pain."

Most Florida living wills also address specific treatments individually, allowing you to accept or decline:

• Mechanical respiration
• Artificial nutrition and hydration
• CPR and resuscitation efforts
• Dialysis
• Blood transfusions
• Antibiotics

Benefits Beyond Your Personal Care

Creating a living will provides several advantages:

1. Ensures your wishes are honored - Without written instructions, medical staff must pursue all life-extending measures
   
   
2. Relieves family burden - Removes the emotional weight of these decisions from loved ones during an already difficult time
   
   
3. Prevents family conflicts - Eliminates disagreements between family members who might have different opinions about your care
   
   
4. Promotes dignity - Allows you to maintain control over how your life story concludes
   
   

Creating an Effective Florida Living Will

For your living will to properly serve its purpose in Florida, consider these factors:

• Be specific about which treatments you would accept or decline
• Update the document periodically as your views or medical situation changes
• Discuss your wishes with your designated healthcare surrogate and family members
• Ensure copies are accessible to your doctors and healthcare facilities
• Consider how your living will coordinates with other advance directives like your healthcare surrogate designation

A Difficult But Necessary Conversation

While contemplating end-of-life scenarios can be uncomfortable, documenting your wishes now provides peace of mind for both you and your loved ones. A properly prepared living will ensures that even when you cannot speak for yourself, your voice will still be heard in guiding your care.

By making these decisions thoughtfully and communicating them clearly through a Florida-compliant living will, you maintain control over one of life's most significant passages and spare your family from having to make these deeply personal choices without your guidance.

‍