A living will is a set of written instructions that informs your healthcare providers and family of the type and extent of medical care you want to receive if you become incapacitated. The first living will was created in 1969 to avoid a slow, painful death. State laws dictate the requirements for a valid living will, such as being signed by the patient in front of two witnesses, one of whom cannot be related to the patient. The author recommends creating a living will to ensure your medical wishes are followed and to relieve loved ones of deciding on care without guidance. While an attorney is not needed, Florida has an approved online form available.

1. Should
I
Have
a
Living
Will?
By
Heather
Lueke
Smith,
Esq.
www.lawofficeofheathersmith.com
Also
known
as
an
Advance
Health
Care
Directive,
a
Living
Will
is
a
set
of
written
instructions
to
your
health
care
providers
and
loved
ones
letting
them
know
how
much
and
what
kind
of
medical
care
you
want
if
you
become
incapacitated
and
can
no
longer
express
your
wishes.
The
first
Living
Will
was
drafted
in
1969
by
an
attorney
named
Luis
Kutner,
who
was
inspired
by
a
friend’s
“slow,
painful
death.”
Each
state
has
its
own
requirements
for
this
document.
In
Florida,
Section
765.302
of
the
state
statutes
sets
out
the
elements
of
a
valid
Living
Will:
• The
person
making
the
Living
Will,
called
the
“principal,”
must
be
a
competent
adult
• It
sets
out
whether
the
principal
wants
life-­‐prolonging
procedures
to
be
provided,
withheld
or
withdrawn
if
he
or
she
has
a
terminal
condition,
end-­‐
state
condition,
or
is
in
a
persistent
vegetative
state.
• It
must
be
signed
by
the
principal
in
the
presence
of
two
witnesses.
• These
two
witnesses
must
also
sign
the
document
• One
of
the
witnesses
cannot
be
the
spouse
or
blood
relative
of
the
principal
• If
the
principal
is
physically
unable
to
sign
it,
one
of
the
witnesses
may
sign
for
the
principal,
in
his
presence
and
at
his
direction.
I
recommend
that
you
make
a
Living
Will
to
protect
both
yourself
and
your
loved
ones.
A
Living
Will
protects
you
because
it
makes
sure
that
you
receive
exactly
the
kind
of
medical
care
you
want,
even
when
you
cannot
speak
for
yourself.
A
Living
Will
also
protects
your
loved
ones
from
having
to
make
the
agonizing
decision
of
whether
to
continue
your
medical
care
when
the
doctors
advise
that
there
is
no
hope
of
recovery.
Many
families,
some
quite
publicly,
have
been
torn
apart
by
disagreements
related
to
these
medical
decisions.
Having
a
Living
Will
relieves
your
family
of
this
burden.
You
need
not
hire
an
attorney
to
make
a
Living
Will.
The
Supreme
Court
of
Florida
has
approved
a
form,
which
you
can
find
at:
http://preview.tinyurl.com/285ds5m.
However,
if
you
do
wish
to
talk
to
an
attorney
about
a
Living
Will,
or
any
other
estate
planning
issue,
please
contact
me
at
www.thelawofficeofheathersmith.com.