Does anyone know anything about living wills?

[babylonsister]

A dear friend of my family has been diagnosed with a malignant, inoperable tumor in her lung. She lives in Florida but had a living will drawn up in NC. I'm having a tough time finding definitive proof that a living will drawn up in a different state would be valid in the current state of residence. She recently asked 3 different health care professionals and no one knew the answer.

I would think the living will would be valid anywhere as it's a determination on one's own health care wishes. Does anyone here know for sure?

Thank you for any responses.

[taterguy]

1. If you want a definitive answer, look elsewhere

God knows how reliable the responses you'll get in this thread will be.

I'd try a library or local law school.

[havocmom]

20. Actually, try a local library as portal to FL State Law Library

Some states now have forms and info online from their State Law Libraries. One needs to look into the particular laws in the state where the living will or medical power of attorney (probably the stronger document of the two) will be needed.

Hospitals and clinics in MT have the forms available for the asking. Might be the same in Florida or other states.

Instead of asking if one from out of state is valid, OP might suggest people in question just get the forms for the state they are in now.

[jwirr]

2. She could ask her doctor. He/She would be the one to implement

the living will.

[Deep13]

3. She needs to talk to a lawyer.

This is something too technical to rely on amateur impressions.

[DrDan]

7. I agree - this is exactly when you need to consult a lawyer.

to do otherwise could lead to serious regrets later

[ProgressiveEconomist]

18. Even better: Start with the social workers at the hospital that takes care of her

In the end, it's the hospital staff that need to FOLLOW her wishes regarding DNR, etc.

The paperwork on file in the hospital office will determine hospital policy. And filling that out is free, though legal help with it is advisable if she can afford it.

Also, make sure she also has a regular will that names a trusted friend as Executor. There often are "holes" in living wills that creditors can exploit. If SHE doesn't appoint an executor for her estate, her survivors may find that some enterprising creditor has had a judge appoint THEM as her executor, with the full power of the State of Florida ratifying THEIR arbitrary decisions.

[sharesunited]

4. Will be honored in Florida IF it meets Florida's own requirements.

Here is the link:

http://74.125.95.132/search?q=cache:1JTwJfDyirkJ:www.floridabar.org/TFB/TFBResources.nsf/Attachments/B61E70D8D183238785256E43007D042C/%24FILE/LivingWill04Stat.doc%3FOpenElement+living+will+in+florida&cd=2&hl=en&ct=clnk&gl=us

Kindest comfort to her and all of you.

[babylonsister]

5. That is a great help; thank you. nt

[DURHAM D]

6. I recently had to update my NC health care poa because the state laws changed.

I will soon be moving to another state and my NC attorney told me I will need to change it again when I move because my new state has different laws.

[babylonsister]

8. That's what I needed to know. Thanks! nt

[flvegan]

9. I'd ask a Florida probate attorney.

It really shouldn't be terribly expensive for a consultation and for him/her to look over your friend's paperwork. I feel that this is too important to deal with any other way.

Best wishes to your friend.

On edit: if you'd like a referral, I know a few excellent attorneys in the Tampa Bay area that would be more than happy to assist.

[babylonsister]

14. Thank you for your offer, and I will relay it, but

she (and Dad) live in Ft. Meyers and they're in their 80s. I don't see them making that drive, and they were trying to avoid going to a lawyer.

I'm going to copy this thread along with some blank forms provided about for FL, and see what they want to do.

She's not even feeling sick yet; the rest of us are. :(

[Warpy]

10. She needs to copy that living will and have a copy in her chart

As a suspenders plus belt safety arrangement, she needs to appoint someone she trusts to carry out her wishes to hold medical power of attorney.

The only problem I've ever seen with a living will, no matter the origin, is when some relative appears out of the woodwork and shrieks to have everything done. In that case, an out of state living will could be challenged.

It doesn't cost anything to duplicate a living will within the state, they can do it for her in the hospital. However, the medical power of attorney will provide her with ironclad protection no matter who shows up to shriek like a Valkyrie.

[spanone]

11. living wills....some info

http://www.legalzoom.com/sem/livingwillpage.html?WT.srch=1&se=google&q=living+wills&refcd=GO309599s_living_wills&tsacr=GO4533810037&cm_mmc_o=7BBTkwCjCWwc%20C%201bMbET%208bkklCjC1bMbET%208bkkjH0zgfCjCkbMbET%20cbkkl&gclid=CN7Fgt7evZ8CFRednAody3RE0g

[WolverineDG]

12. Check with an attorney in Florida

or maybe do a google search on FL laws. Most states try to draft their living will statutes so that they will be recognized in other states. Usually the difference is the number of witnesses needed & the ages/relationship to the one making the living will.

You might try a search under "advance directive" or "directive to physician."

dg

[HardWorkingDem]

13. I can tell you this about Power of Attorney in Illinois...

So you don't get bit like I did.......they end upon the death of the person.

Imagine my shock when after a loved one died and I was told that there were things I couldn't do without a will (had to get a small estate affidavit).

After this happened I would remark, "So you are telling me I could have spent the loved one's money in almost any way I saw fit while the person was alive, but now I can't make sure that the house insurance is paid through automatic withdrawals because the person has died?"

The system is ginned to get as much money from us that it can.

Good luck.

[uppityperson]

15. That is good to know, yes POA is acting for the person while they are alive, since after they die

they are no longer able to do things like withdraw money. POA is acting legally AS them, which ends with death. Good to point this out to people. Make sure you are appointed executor in their will for after they die so it won't be locked up for some time. Or make sure you are co-owner (co-signer?) on any bank accounts as then you will be able to continue to have access.

[HardWorkingDem]

19. But hey, isn't it great that assholes like Grassley...

don't see the need in this sort of discussion at all?



What a rotten thing to have to go through during an all ready rotten time.

[Coyote_Bandit]

16. Ummmm......

Health care professionals are not qualified to give legal advice - not even about healthcare issues or living wills. Neither are folks on internet discussion boards.

The state where I live has a specified form that is required for a living will. Nothing else is acceptable. That may or may not be true where you live.

Get legal advice. From a trained and licensed legal professional. Where youf friend lives. This issue is too important to take chances......

I'm sorry about your friend. I wish her well.

[treestar]

17. Ask a lawyer in Florida

Or go directly to the Florida code. The only place with a reliable answer.