HEALTHCARE

Our attorneys provide legal guidance to individuals in Miami who are considering medical malpractice claims. We assist clients in evaluating potential claims, understanding their rights, and navigating the legal process in accordance with Florida law. Each case is different and must be evaluated on its own merits. Past results are not a guarantee of future outcomes.

Ensuring Your Healthcare Wishes Are Honored

A living will is a legal document that outlines your preferences for medical treatment in the event you are unable to communicate due to serious illness or incapacity. It allows you to express your wishes regarding life-sustaining measures such as mechanical ventilation, artificial nutrition, and palliative care.

At CLS Law Firm, we assist clients in preparing living wills that document their healthcare decisions. Our services aim to help you create documents that are recognized by healthcare providers and family members in accordance with Florida law.

lawyers castellon, Lauren and Schlesinger

Comprehensive Guidance and Communication

At CLS Law Firm, we assist clients with drafting living wills and encourage communication with family members and healthcare providers. Discussing healthcare preferences in advance may help reduce uncertainty and potential disputes during critical moments.

Education on Living Wills: We provide information about the importance of sharing living wills with those involved in medical decision-making.
Facilitating Family Discussions: We support clients in communicating their healthcare preferences to family and care providers.

Integrating Living Wills Into Advance Healthcare Directives

A living will is often part of a broader advance healthcare directive. CLS Law Firm assists clients in incorporating these documents to form a plan for future medical care.

Healthcare Surrogate Designation: We assist clients with legally appointing a healthcare surrogate authorized to make medical decisions if the client is unable to do so.
Coordinated Healthcare Planning: Our attorneys help develop advance directives that reflect medical preferences and designate a decision-maker in accordance with Florida law.

Clear, Legally Sound Living Wills

We assist in drafting living wills clearly and specifically, reflecting the client's personal values and healthcare goals.

Precise Drafting: We help ensure that instructions related to life-sustaining treatments and end-of-life care are clearly documented.
Values-Based Planning: We work with clients to develop living wills aligned with their personal beliefs and preferences regarding medical treatment.

Common Questions About Healthcare

What should be included in a living will?

A living will outlines your preferences regarding life-sustaining treatments, such as the use or refusal of artificial nutrition and hydration, and other medical interventions you may want to accept or decline in end-of-life situations. It is important to address different scenarios, including terminal illness, persistent vegetative state, or severe brain damage, to assist your healthcare providers and loved ones in making decisions consistent with your wishes.

Who should have a copy of my living will?

It is advisable to provide copies of your living will to your healthcare providers, your designated healthcare surrogate or proxy, and trusted family members or friends. This helps ensure that those involved in your care are informed of your wishes and can assist in communicating them in situations where you may be unable to do so yourself.

Can I change my living will?

You have the right to modify or revoke your living will at any time, provided you are mentally competent to make such decisions. Any changes should be shared with all individuals who have copies of the original document, and updated copies should be distributed to ensure they reflect your current wishes.

How does a living will differ from a DNR order?

A living will is a legal document that outlines your preferences regarding medical treatments and interventions in end-of-life situations. A Do Not Resuscitate (DNR) order specifically addresses the refusal of cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing. A DNR is a medical order signed by a physician, while a living will is prepared by you.

Is a living will enough to ensure my healthcare wishes are followed?

While a living will helps communicate your healthcare preferences, combining it with a healthcare power of attorney (also known as a healthcare surrogate designation) allows another person to make healthcare decisions on your behalf in situations not specifically addressed in your living will.

What happens if I don't have a living will?

In the absence of a living will, healthcare decisions are generally made by your closest family members or, if they are unavailable, by your healthcare providers. This process may result in decisions that do not correspond with your personal preferences or may cause disagreements among family members about your wishes.

How do I communicate my living will wishes to my family?

Having clear discussions with your family about your healthcare preferences and the reasons behind the decisions in your living will can help ensure your wishes are understood. These conversations may also reduce the possibility of misunderstandings or disagreements during challenging times.

Does a living will apply in all states?

While the concept of a living will is recognized across the United States, the specific legal requirements vary by state. It is important to ensure that your living will complies with the laws of your state of residence or any state where you may receive medical treatment to ensure it is valid and effective.

Can a living will address organ donation?

Yes, you can express your wishes regarding organ and tissue donation in your living will. Specifying your intentions about organ donation can help your family understand your wishes and assist in carrying out your decision if possible.

What's the best way to ensure my living will is accessible when needed?

To help ensure your living will is accessible when needed, you may consider registering it with a state healthcare directive registry if available, carrying a notification card in your wallet indicating you have a living will, and informing your healthcare surrogate, family, and friends about where the document is stored. These actions can assist in making your healthcare wishes known during important moments.

Caring for Your Health, Schedule a Consultation

Healthcare decisions can involve complex legal considerations. At CLS Law Firm, we assist clients in understanding and navigating the legal aspects of healthcare planning, including advance directives, living wills, and healthcare surrogate designations. We provide guidance to help you make informed decisions about your medical care in accordance with Florida law.

Other Services Related to Estate Planing & Probate

DURABLE POWER OF ATTORNEY

ESTATE MANAGEMENT AND LEGACY PRESERVATION

HEALTH CARE SURROGATE

PRE-NEED GUARDIAN