Advance Directives

What Are Advance Directives?

An advance directive is a legal document that outlines your medical care preferences and designates someone to make health care decisions for you if you cannot do so yourself. In Florida, advance directives can include:

• Living Will – States your wishes about life-prolonging treatments, such as ventilators or feeding tubes, if you are in a terminal condition or persistent vegetative state.

• Health Care Surrogate Designation – Appoints a trusted person to make medical decisions and access your health information on your behalf.

• Do Not Resuscitate Order (DNR) – A medical order, often used alongside advance directives, instructing providers not to perform CPR if your heart stops.

• Anatomical Gifts – Allows you to make decisions about organ and tissue donation.

Why Advance Directives Matter

Advance directives are more than paperwork—they are your voice when you cannot speak for yourself. They help:

• Protect your rights – Ensure your health care decisions reflect your wishes, not someone else’s assumptions.

• Ease family stress – Prevents loved ones from struggling with difficult choices during emotional times.

• Guide medical providers – Gives doctors clear instructions to follow, avoiding confusion or conflict.

• Avoid guardianship proceedings – Having documents in place can prevent costly and time-consuming court intervention.

Who Should Have an Advance Directive?

Many people believe advance directives are only for older adults, but anyone over the age of 18 can benefit from them. Unexpected accidents or sudden illnesses can happen at any age. Putting your wishes in writing ensures you remain in control, no matter what the future holds.

Common Questions About Advance Directives

Can I change my advance directive later?
Yes. You can amend or revoke your documents at any time as long as you are mentally competent. Many people update their directives after major life events such as marriage, divorce, or a new diagnosis.

Do I need a lawyer to create an advance directive?
While Florida law allows individuals to create advance directives without legal help, working with an attorney ensures your documents are valid, comprehensive, and tailored to your needs. At McNary Law, we make sure everything complies with Florida requirements and truly reflects your wishes.

What happens if I don’t have an advance directive?
If you become incapacitated without an advance directive, Florida law determines who may make decisions for you. This might not be the person you would have chosen. Having your preferences in writing ensures your voice is heard.

Can advance directives be honored outside of Florida?
Florida generally recognizes valid directives executed in another state, but each state has its own laws. If you spend time in multiple states, it’s wise to review your documents with an attorney to make sure they are effective wherever you live or travel.

Advance Directives and Estate Planning

Advance directives are an essential part of a complete estate plan. Alongside wills, trusts, and powers of attorney, they ensure your medical, financial, and personal affairs are handled according to your wishes. At McNary Law, we often help clients create advance directives as part of a broader estate planning strategy, giving families peace of mind about the future.

How McNary Law Can Help

Our attorneys provide compassionate, knowledgeable guidance to help you:

• Understand your options and choose the right directives for your situation.

• Draft and properly execute documents that comply with Florida law.

• Update your directives as life circumstances change.

• Integrate advance directives into your overall estate plan.

With offices in Bradenton and remote consultation options, we proudly serve clients throughout Manatee and Sarasota counties.

Take Control of Your Health Care Decisions

Planning ahead today prevents confusion and conflict tomorrow. Let McNary Law help you create advance directives that protect your dignity and provide peace of mind for your family.