FREQUENTLY
ASKED
QUESTIONS
Many people may look at these two terms and think we are using two names to talk about the same thing, but the Living Will and a Last Will and Testament are actually two very different documents!
The Last Will and Testament is the document that frequently makes an appearance in the movies. It is usually the document that is being read to the loved ones explaining how the deceased wanted their belongings to be distributed and any last wishes they had. This document only takes effect once someone has passed away, and in Florida there is a very specific way that it must be signed (or "executed") in order for it to be valid and enforced by Florida courts.
On the other hand, a Living Will is a document that has one very specific purpose. This document allows an individual to make it clear whether they would want to be kept on articifical life support if they were ever in a position where they are incapacitated, in a vegetative state, with a terminal or end stage condition, and the doctors have determined that there is no reasonable chance of recovery.
No! The authority of any agent under a power of attorney automatically ends when one of the following things happens:
The principal dies.
The principal revokes the power of attorney.
A court determines that the principal is totally or partially incapacitated and does not specifically provide that the power of attorney is to remain in force.
The purpose of the power of attorney is completed.
The term of the power of attorney expires.
In any of these instances, the power of attorney is terminated. If, after having knowledge of any of these events, a person continues to act as agent, he or she is acting without authority.
The power of attorney is effective as soon as the principal signs it.
The principal may hold the power of attorney document until such time as help is needed and then give it to the agent. If the principal does not want the agent to be able to use the power of attorney until it is delivered, the power of attorney should clearly require the agent to possess the original, because copies of signed powers of attorney are sufficient for acceptance by third parties.