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Home » Legal Services » Advance Directive

Benefits Of Advance Care Planning

When preparing an estate plan, you should consider adding an advance directive. This document outlines the kind of medical care and life-sustaining treatments you would want to receive in the case you become incapacitated and unable to make medical and financial decisions.

You will need to appoint an agent as part of your advance directive. This is the person who will implement the directive if you become incapacitated.

You might think you’re still too young to prepare an advance directive, but you should note that advance directives can benefit both young and old people. Accidents can happen to anyone. Being young does not make you immune to road accidents or even cardiac arrest or other critical medical emergencies.

How An Advance Directive Attorney Can Help

It is important to take the necessary steps to ensure your advance directive is valid. The most important things to remember are:

  • The document must be signed and dated.
  • There must be at least two witnesses, one of which must not be a spouse or blood relative.
  • You should provide copies to both the agent and your medical provider. This is not necessary, but it is considered good practice.

You will want to ensure you’re not missing any requirements that could threaten the validity of your advance directive documentation. Call The Family First Firm and schedule an initial consultation with an experienced advance directive attorney.

What Are The Requirements To Create A Valid Advance Directive In Orlando?

In Florida, an advance directive must be signed with at least two witnesses. Another requirement is that at least one of the witnesses must not be a spouse or blood relative.

While it is not absolutely necessary to have an attorney when you’re creating an advance directive, it is wise to consult an experienced advance directive lawyer to ensure you create a valid document that would serve your intended purposes. An advance directive attorney can make sure your document has followed all the requirements under the law. This can prevent a situation in which your agent would have to deal with issues that can arise from a faulty advance directive.

Are Advance Directives Recognized In Other States?

The law of a given state affects how or whether advance directives from another state are recognized. In Florida, advance directives completed in a different state are still honored as long as:

  • The directive complies with the legal requirements of that state.
  • The directive complies with the requirements under Florida law.

Also, it is worth noting that you may amend or even revoke your advance directive as long as you’re capable and competent to do so. If you want to change the instructions and medical care preferences in your advance directive, talk to us at The Family First Firm. Call now and schedule a consultation.

Why Choose The Family First Firm?

  • Individually-Oriented Solutions - The elder law attorneys at Family First Firm work with senior clients and their families to comprehensively address legal roadblocks. Our Medicaid and estate planning services are tailored to fit each client’s current and future needs.
  • Assist Clients In Every Step - Applying for benefits, guardianship, creating wills or trusts, and establishing other forms of asset protection can be overwhelming. To ease the stress, we are here to guide our clients and their family members every step of the way.
  • Credible and Highly Trusted - Our firm is recognized as one of the fastest-growing law firms in the U.S. in 2021 by Law Firm 500.
  • Accessible Legal Services - Booking your first free consultation is just a click away. You can schedule a consultation with our attorneys through our website and social media pages.

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What Happens If I Don’t Have An Advance Directive?

You are not legally mandated to prepare an advance directive. It is a completely voluntary choice. However, many people choose to prepare an advance directive for peace of mind and to gain greater control over difficult situations.

Without an advance directive, your family members might have to go through a lengthy process just to be appointed as your legal guardian.

Having this document can save your loved ones from that hassle. In addition, an advance directive helps to ensure you will be given your preferred medical treatments without delay.

How To Amend Or Change An Advance Directive

If you want to replace your agent or set new instructions, you can amend or cancel your advance directive. You should seek the assistance of an attorney before doing this.

An advance directive attorney can help you draft the new document in clear language to avoid confusion and ambiguity when it’s time for your agent to implement it. In addition, an attorney can ensure your advance directive is valid under the laws of Florida.

Consult The Family First Firm if you wish to draft or amend an advance directive.

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