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Living Wills

Living wills are also known as advanced health care directives. The living will is a legal document that gives a person legal authority to make medical decisions for another specified person. These are commonly signed before surgeries, when a person is suffering from mental illness, or when someone is becoming very weak. However, a living will can be created at any time, even when a person is in excellent health, in case of unforeseen circumstances.

342 Questions

Can a notary notarize a living will in Florida?

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Asked by Wiki User

A notary can notarize any document. They are simply attesting that the person who signed it was the person they said they were.

Can a living will be written in your own handwriting on a piece of scratch paper and still be legal?

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Asked by Wiki User

I don't know if this is true everywhers, but in Texas the answer is yes, and this kind o f will is called a "HolographicWill." And in addition, it is a legally "self proving" will, which one that is typed or printed is not.

Does a living will require a notary republic?

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Asked by Wiki User

It's valid regardless, but if it might be contested, it's best to have it notarized. See a local attorney to have it drawn up correctly and in keeping with your own state's laws.

Is a medical power of attorney the same as living will or advance directive?

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Asked by Wiki User

A medical power of attorney authorizes someone to make health care decisions for the principal in the event that the principal has been determined to be unable to provide express and informed consent themself.

What are living wills?

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Asked by Wiki User

If there is a living will to be obtained through purifaction through suffering, insanity, or emotion? If there is I would be pure because of the 3 agonies through suffering and insanity and finally through emotional suffering.

Is there a limitation or time frame on living wills?

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Asked by Wiki User

Yes, a "living will" expires naturally at the same moment as its signator.

Does a living will override a trust?

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Asked by Wiki User

No. A living will is a document, that a person executes while in good health, that specifies what decisions should be made about his or her medical treatment in the event of their becoming incapable of making decisions or communicating them on their own behalf. The living will names a person to carry out the directives.

A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.

There are many types of trusts and trust law is complicated. A trust instrument should always be drafted by a professional in order to meet the needs of the trustor and meet the requirements of federal and state laws.

State of Florida durable power of attorney free form?

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Asked by Wiki User

Thank you for your respond Bob811, I'm trying to help an old lady and her son she's 89 and her son don't speck or write English. Her financial institution (Her Bank) were she gets her direct deposit from her social security check is asking in order for her son to deposits or making any withdraws for her or using her visa debt card needs a Durable Power of Attorney for Florida for her financials

Added: In that case, I would suggest that you might try to contact some local social service agency for a recommendation or assistance, or even the local Bar Association. I don't know where you are in Florida but once a week in Pinellas County the Bar Association used to hold a free clinic to assist people in need. I suspect that Bar Associations in other counties might offer similar services. Check around and good luck.

What the different from a will and living will?

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Asked by Wiki User

A Will is a document in which a person sets out how they would like their estate (property) disposed of after death.

A living will is a document where a person sets out medical instructions in the event that he/she is unable to make or assert decisions on their care because of incapacitation.

Any characteristic of a living will is a what?

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Asked by Wiki User

A characteristic of a will to live would be the intentional avoidance of something that is or could be harmful to the organism.

What is the general statute for not having a living will?

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Asked by Wiki User

There is no general statute for not having a living will.

Can you get in trouble for a living will trust while on section 8 housing?

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Asked by Wiki User

A living will and a living trust are two different types of documents. A living will is an advanced directive, which directs the care staff to discontinue any treatments when there is no hope of your recovery when you're unconscious. A living trust is a document that places all of your assets into a trust profile that can immediately be accessed by your heirs if something happens to you. It's effect on your section 8 program depends on whether you have control over it. If the assets within the trust belongs to you, then 2% of any liquid assets is counted as income for the purpose of determining how much you will pay in rent.

Does a will have to be read?

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Asked by Wiki User

No. Wills are rarely "read" to beneficiaries like you see in the movies. Most states require beneficiaries to be given notice of the probate of the will by certified mailing of a copy of the will.

Is a Georgia Will and a Living Will effective in Florida?

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Asked by Wiki User

Any will executed by a nonresident will be accepted into probate in Florida if it was valid under the law of the jurisdiction in which it was executed at the time it was executed.

As for a living will, every state has passed legislation regarding living wills and the guidelines, provisions and requirements vary. You should execute a Florida living will or have your existing living will reviewed by a Florida attorney for a minimal fee.

Additional comment: I can add, from personal knowledge, that the provisions of a living will might not/will not be honored if you find yourself in a medical facility or hospital that for philisophical or religious reasons refuses to honor your directives. For instance: any hospital system operated by, or affiliated with, the Roman Catholic Church.

When should a living will be created?

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Asked by GaleEncyofSurgery

It is highly recommended that discussion of patient wishes occurs before medical treatment is necessary,

Is it hard for someone to contest a living will and win?

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Asked by Marmaxx

You can't "contest" a living will. A living will is a legal document that a person uses to express in writing their wishes regarding life prolonging medical treatments. You have no right to disagree with how someone else wants to direct their own end of life experience.

How does a living will differ from a designation of health care surrogate?

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Asked by Wiki User

A Living Will is a declaration to physicians that expresses your wishes regarding life-sustaining procedures or non-orally ingested nutrition and hydration if you have a terminal illness, an end-stage disease or if you are in a persistent vegetative state. You may direct that such life-sustaining procedures be withheld or withdrawn, or you may direct that they be used to sustain your life. A Designation of Health Care Surrogate appoints an agent to make most decisions related to your health care. If you specifically grant the power, your agent can decide to withhold or withdraw non-orally ingested nutritional support and fluid maintenance, admit you to a nursing home or community-based residential facility, and make other health care decisions.