Advance directives ensure that important medical decisions are made according to your values, even if you can’t speak for yourself. At Berg Bryant Elder Law Group, we help Floridians put their preferences into clear, enforceable documents like living wills and health care surrogates. By preparing now, you relieve loved ones of uncertainty and guarantee your choices are respected when it matters most.
Advance directives are legal documents that tell your doctors and loved ones what medical care you want if you can’t communicate. At Berg Bryant Elder Law Group, we’re your advance directives attorney in Florida. We help you create clear, legally valid documents that protect your wishes and give your family peace of mind.
Don’t leave your healthcare decisions to chance or to the courts.
Advance directives are legal documents that spell out your wishes for medical care if you become unable to make decisions for yourself. In Florida, these documents are authorized by Florida Statute §765, which gives every adult the right to create advance directives.
Unlike a will, which takes effect after death, advance directives work while you’re still alive but unable to communicate. They give you control over your medical care and remove the burden of difficult decisions from your loved ones.
Florida recognizes three main types of advance directives, each serving different purposes:
A living will is a written statement that details your wishes about life-prolonging medical treatments if you have a terminal condition, end-stage condition, or are in a persistent vegetative state. It answers questions like:
To be valid in Florida, your living will must be signed in the presence of two witnesses, one of whom cannot be your spouse or blood relative. If you can’t sign, you can direct one of your witnesses to sign for you. You should also make sure your doctor knows about your living will.
This document names a person (your “surrogate”) to make healthcare decisions for you if you can’t make them yourself. Your surrogate should be someone who:
Like a living will, this document requires two witnesses, and your surrogate cannot serve as a witness.
A durable power of attorney for healthcare gives someone legal authority to make healthcare decisions for you. While similar to a healthcare surrogate designation, it can be more specific about what powers you’re granting.
This document must be notarized and witnessed by two people, with at least one witness who isn’t your spouse or blood relative.
Creating advance directives offers several important benefits:
Knowing your wishes will be followed gives you confidence that you’ll receive the care you want—and only the care you want.
Without clear guidance, your loved ones may struggle with difficult decisions during an already stressful time. Advance directives remove this burden by providing clear instructions.
If you don’t have advance directives and become incapacitated, your family might need to go to court to get authority to make decisions for you. This process can be time-consuming, expensive, and public.
Medical providers must follow valid advance directives. Having these documents ensures you receive care that aligns with your values and preferences.
Having properly prepared advance directives is like giving your loved ones a roadmap during a crisis. These documents remove guesswork and conflict, allowing your family to focus on supporting you rather than debating what you might have wanted.
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At Berg Bryant Elder Law Group, we don’t just fill out forms. We take the time to:
Have meaningful conversations about your healthcare preferences, values, and concerns to ensure your documents truly reflect your wishes.
Draft advance directives that clearly communicate your wishes and meet all Florida legal requirements.
Make sure your documents are properly signed, witnessed, and notarized according to Florida law.
Help you communicate your advance directives to your doctors and make sure they become part of your medical record.
Assist you with updating your advance directives to reflect your current wishes, as your life and health change.
With thoughtful guidance and legally sound documents, our team ensures your advance directives provide clarity, comfort, and control.
Don’t wait for a crisis to think about your healthcare wishes. At Berg Bryant Elder Law Group, our advance directives attorneys serve clients throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding areas.
We offer compassionate, knowledgeable guidance to help you create advance directives that protect your wishes and give your family peace of mind. Our Florida Board Certified Elder Law Attorneys bring specialized knowledge to every client relationship.
Contact us today to schedule a consultation and take control of your future healthcare decisions.
While not legally required, working with an attorney ensures your documents are properly prepared, witnessed, and notarized according to Florida law. An attorney can also explain the implications of different choices and help you create documents that truly reflect your wishes.
A power of attorney typically covers financial decisions, while advance directives focus on healthcare decisions. However, a durable power of attorney for healthcare is considered an advance directive because it specifically addresses medical decisions.
Generally, no. If both documents are valid, your advance directives (living will and healthcare surrogate designation) take priority for healthcare decisions. However, if your advance directives don’t address a particular situation, your power of attorney agent might need to step in for related decisions.
Advance directives only take effect when you can’t communicate your own decisions. As long as you can speak for yourself, you remain in control of your healthcare choices.
Yes, you can change or revoke your advance directives at any time as long as you have the mental capacity to do so. It’s a good idea to review these documents periodically, especially after major life events like marriage, divorce, or a serious health diagnosis.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
