Advance Directive in Attorney

Guiding Florida Families Through Advance Directive & Living Will Decisions

When a loved one can no longer speak for themselves, or when you begin planning for your own future medical care, the questions can feel heavy and urgent. You may be looking at an advance directive or living will and wondering whether it is valid, what it really means, and who has the legal right to make medical decisions in Florida. As an advance directive attorney, Adrian Philip Thomas, P.A. helps families across the state understand their options and protect critical end-of-life wishes.

We are a Florida-based probate, trust, and estate litigation firm that has focused on these issues since 2002. Our work often involves disputes about capacity, undue influence, guardianship, and the interpretation of documents that control health care decisions. We have represented more than 5,000 clients in estate-related disputes and obtained over $230 million in verdicts and settlements, so we understand how these documents can hold up in real courtrooms, not just on paper.

We also recognize the emotional strain that comes with medical crises and family conflict. Our goal is to offer clear, steady guidance so you can move forward with confidence, whether you are facing a current dispute over a living will or planning ahead to avoid one.

Why Families Turn To Our Firm For Advance Directive & Living Will Issues

Many problems involving advance directives and living wills do not arise in isolation. They often surface inside larger Florida probate, guardianship, or trust disputes. That is the environment where our firm works every day. Families come to us when a health care decision has become part of a broader conflict about a person’s capacity, a will contest, or allegations of elder exploitation.

Since 2002, our attorneys have represented thousands of clients in estate related cases across the state. That history has given us a deep view of how Florida courts evaluate questions about capacity, undue influence, and the validity of documents that affect health care decisions. When we look at an advance directive or living will, we are not just seeing a form. We are looking at how that document may function if it is ever challenged in a probate, guardianship, or related proceeding.

Our track record, which includes more than $230 million in verdicts and settlements, reflects our ability to handle high-stakes disputes where the outcome has serious personal and financial consequences. Our founding partner, Adrian P. Thomas, holds an AV rating from Martindale Hubbell, a 10 Superb rating from Avvo, and has been recognized among Florida’s Legal Elite, along with honors from Forbes Florida and American Lawyer. For families facing difficult medical decisions and potential litigation, these credentials provide reassurance that their case is in steady hands.

How Advance Directives & Living Wills Work Under Florida Law

To make sound choices, it helps to understand what these documents actually do. In Florida, an advance directive is a broad term that can include a designation of health care surrogate, a living will, and other written instructions about your medical care if you become unable to communicate. A living will, in particular, states your wishes about life-prolonging procedures, such as artificial ventilation or feeding tubes, when you are in certain serious medical conditions.

When a person becomes incapacitated, Florida health care providers look first to any valid advance directive or living will that is on file. If a designation of health care surrogate is in place, that surrogate generally has authority to make decisions that align with the patient’s stated wishes. If there is also a living will, the surrogate is expected to follow the directions in that document when they apply to the medical situation at hand.

These documents sit alongside other legal structures, such as powers of attorney and potential guardianships. For example, if there is no valid advance directive, a court in a county such as Broward or Miami Dade may be asked to appoint a guardian to make health care and financial decisions. Even when documents exist, conflicts can arise if the language is unclear, the chosen surrogate disagrees with other family members, or different documents appear to contradict each other.

Because our practice focuses on probate, trust, and related litigation, we regularly see how courts interpret these documents in real disputes. That experience informs the way we explain options to our clients, and it helps us identify potential weaknesses that might cause trouble in a crisis.

Common Problems We See With Florida Advance Directives & Living Wills

Document Issues & Conflicting Instructions

When families contact us about advance directives and living will issues, certain patterns tend to appear. One frequent problem is vague or outdated language. A document that was signed many years ago may no longer reflect the person’s current beliefs, relationships, or medical realities. In some cases, different documents conflict with each other, such as when a power of attorney and a health care surrogate designation name different people without clear guidance on how decisions should be coordinated.

We also see issues when documents signed at different times are not reviewed together. A new power of attorney might unintentionally overlap with authority already granted to a health care surrogate. Without careful coordination, this can leave families and providers uncertain about who should be making decisions at a critical moment.

Family Conflict & Concerns About Influence

Family conflict is another common theme. Adult children may disagree about what a parent really wanted, or they may suspect that the person designated as health care surrogate is not acting in the patient’s best interests. We also see situations where a new document was signed shortly before a person’s decline, and other relatives question whether that person had the capacity to understand what they were signing.

Concerns about pressure or exploitation often arise with elderly or vulnerable adults. Relatives may believe that a caregiver, new partner, or distant family member pushed the person to sign an advance directive that favors them. In Florida litigation, courts look closely at evidence of capacity and undue influence when these challenges are raised. Our attorneys draw on backgrounds in litigation, estate planning, uncontested probate work, and law enforcement to evaluate these situations, including cases involving alleged abuse of authority or breach of fiduciary duty tied to health care decisions.

Disputes With Medical Providers

Disputes can also develop between medical providers and families. For example, hospital staff in Fort Lauderdale or other parts of South Florida may be uncertain how to proceed when the living will and family requests do not align. In those moments, having clear legal guidance can help clarify who has authority and what the law allows.

Our firm works to explain the legal roles of health care surrogates, default decision makers, and guardians so that all parties can better understand their responsibilities. That clarity often reduces tension and helps the medical team focus on providing appropriate care.

What To Do If There Is A Dispute Or Confusion About A Living Will

Immediate Steps You Can Take

When disagreement arises in the middle of a serious medical situation, it can feel overwhelming. Taking a few practical steps can help you protect your loved one’s wishes and understand your options. A first step is to gather all relevant documents, including any advance directive, living will, designation of health care surrogate, and durable power of attorney. Having complete, current copies helps avoid misunderstandings about what the person actually signed.

It is also helpful to identify who is currently making medical decisions. This might be a named health care surrogate, a court-appointed guardian, or, in the absence of documents, a relative that providers have turned to under Florida’s default hierarchy. Make note of conversations with doctors, case managers, or hospital staff, and ask them how they are using the documents in their decision-making.

When Court Involvement May Be Needed

In some situations, questions about validity, capacity, or abuse of authority cannot be resolved informally. For instance, if family members in Broward County or Palm Beach County strongly disagree about whether the living will should be followed, or if there is evidence that a surrogate is acting against the patient’s known wishes, it may be necessary to seek court involvement. A judge can review the documents, hear testimony, and determine who has authority and how it should be exercised.

If you are facing this kind of dispute, a living will attorney Florida families trust can review your circumstances and outline possible paths. At Adrian Philip Thomas, P.A., we offer a free initial consultation so you can discuss what is happening, ask questions about the process, and decide whether you want legal representation before the conflict escalates further.

How Our Florida Probate Litigation Team Helps With Advance Directives

Our Approach To Your Situation

When you contact our firm about an advance directive or living will issue, we begin by listening carefully to your story. We review the documents involved and learn about the medical situation, family relationships, and any prior legal proceedings. Our attorneys look for key legal questions, such as whether the documents meet Florida’s formal requirements, whether there are signs of capacity concerns or undue influence, and how authority is currently being exercised.

Our goal is to help resolve disputes with as little additional damage to family relationships as possible, while still protecting the patient’s rights. In many cases, we work to clarify misunderstandings and explore negotiated solutions that align with the person’s written wishes and Florida law. When fair resolution is not possible, we are prepared to pursue appropriate relief in court, whether in probate, guardianship, or related civil proceedings.

Experience You Can Rely On

Because our attorneys have backgrounds that span estate planning, uncontested probate matters, law enforcement, and litigation, we are well positioned to analyze complex situations. For example, if you suspect that a health care surrogate has exploited an elderly relative, we can evaluate financial records, communication patterns, and medical evidence to help determine potential legal claims. As an advance directive lawyer, our team uses the patterns we have seen across thousands of cases to guide strategy in each new matter.

Our recognitions, including an AV rating from Martindale Hubbell and selection among Florida’s Legal Elite, reflect the respect we have earned within the legal community. More importantly for you, they signify that when we stand beside you in a circuit court in Miami-Dade County or elsewhere in the state, you have a seasoned team working to present your case clearly and effectively.

Planning Ahead To Reduce Future Conflict Over Your Medical Wishes

Using Litigation Insight To Strengthen Your Documents

Not every reader arrives here because of an active dispute. Many people want to put strong documents in place so that loved ones are not forced to guess or fight about their medical wishes later. Our years of work in Florida probate and guardianship courts give us a practical perspective on how to plan in a way that reduces the risk of future conflict.

We have seen the problems that arise from vague or piecemeal documents. That experience helps us guide clients to create advance directives and living wills that use clear language, accurately describe the medical situations covered, and coordinate with powers of attorney and other planning tools. For example, care must be taken to avoid naming different decision makers in ways that create confusion about who has the final say.

Choosing Decision Makers & Communicating Wishes

Choosing the right health care surrogate is just as important as the wording of the document. We encourage clients to think carefully about who can handle stress, communicate with doctors, and put the patient’s wishes above their own preferences. We also emphasize the value of talking openly with the chosen surrogate and key family members so that the written instructions do not come as a surprise when a crisis happens.

By planning thoughtfully, you can often reduce the likelihood of contested guardianships, last minute court petitions, and long lasting family rifts. A living will lawyer Florida residents trust can help you review existing documents, identify gaps, and create a plan that reflects what you want while keeping Florida’s legal framework in mind.

Frequently Asked Questions

Is My Florida Living Will Still Valid If It Is Several Years Old?

A living will does not automatically become invalid just because it is several years old. If it met Florida’s legal requirements when you signed it and you have not revoked it, it may still be effective. However, changes in your health, your relationships, or your beliefs about medical care are good reasons to review what you have in place. Our firm often helps clients compare older documents to current Florida law and to what we see in court so they can decide whether to update or replace them.

We also look at how your living will interacts with any health care surrogate designation, powers of attorney, or other estate planning documents you may have. A review can help catch inconsistencies that might cause confusion during a medical emergency. During a consultation, we work to explain your options clearly so you can decide what level of change is appropriate for your situation.

What Happens If My Family Ignores My Living Will In The Hospital?

If a valid living will is on file, Florida health care providers generally look to that document and to any designated health care surrogate when making decisions. Family members may disagree with what your living will says, but their preferences do not automatically override your written instructions. In practice, hospitals in places like Fort Lauderdale or Miami often try to balance following the document with communicating respectfully with the family.

When conflict becomes intense, providers may involve their ethics committees or legal departments. In some cases, a court may be asked to interpret the living will or clarify who has authority to decide. If your family is in the middle of such a dispute, our attorneys can review the documents, explain how Florida law is likely to apply, and discuss whether court involvement is appropriate. Our goal is to support a resolution that honors the patient’s wishes and complies with legal requirements.

Can I Challenge An Advance Directive If I Think My Parent Was Pressured?

Yes, it is sometimes possible to challenge an advance directive or related document in Florida if there is evidence that the person lacked capacity or was subjected to undue influence when they signed. These cases are fact intensive and require careful review of medical information, witness accounts, and the circumstances surrounding the document’s creation. Courts in counties such as Broward and Palm Beach regularly consider these types of questions in probate and guardianship proceedings.

Our firm frequently evaluates concerns about pressure or exploitation of elderly and vulnerable adults. Drawing on our litigation background and our experience with breach of fiduciary duty and elder abuse cases, we work to identify whether there is a legal basis to ask the court to invalidate all or part of an advance directive. We also discuss practical considerations, such as timing, available evidence, and the impact on ongoing medical decisions, before recommending a course of action.

Do I Need An Attorney To Create An Advance Directive In Florida?

Florida law does not require you to hire an attorney to create an advance directive, and many people use standard forms. However, we often see problems with one size fits all documents when they end up in front of a judge. Issues can arise if the language is unclear, if it conflicts with other planning documents, or if it does not address the medical situations that actually occur.

Working with an advance directive lawyer can help you avoid those pitfalls, especially if you have a blended family, significant assets, or prior health conditions. At Adrian Philip Thomas, P.A., we draw on our experience in litigation to suggest language and structures that are more likely to function smoothly in practice. We also help you coordinate your advance directive with your will, trust, and powers of attorney so that all pieces of your plan work together.

When Should I Contact Your Firm About A Dispute Over Medical Decisions?

It is usually wise to contact us as soon as you see signs of serious disagreement or confusion about medical decisions that involve an advance directive or living will. This might be when family members in different cities are arguing with one another, when a health care surrogate seems to be acting against the patient’s stated wishes, or when hospital staff are unsure which document to follow. Getting legal guidance early can help you understand your rights and options before positions harden.

In urgent situations, such as life support decisions being made in a hospital in South Florida, timing is especially important. Courts can sometimes schedule emergency hearings, but the specific timing depends on the county, the court’s docket, and the nature of the relief requested. During a free consultation, we listen to what is happening, review any documents you have, and explain possible next steps so you can make informed decisions under pressure.

Can You Help If Advance Directive Issues Are Part Of A Larger Probate Case?

Yes, many of the matters we handle involve overlapping issues, such as will contests, guardianships, and conflicts over advance directives or living wills. Because we focus our practice on probate, trust, and estate litigation, we are accustomed to seeing how medical decision-making, financial control, and inheritance rights interact. We work to address the whole picture rather than treating each issue in isolation.

For example, a challenge to an advance directive based on capacity might be closely connected to a challenge to a will or trust signed around the same time. Our attorneys appear regularly in circuit courts throughout Florida to handle these intertwined disputes. By looking at all of the documents and events together, we aim to craft strategies that protect your loved one’s wishes and your legal interests across the full range of proceedings.

Talk With Our Team About Your Advance Directive Or Living Will

Whether you are in the middle of an urgent medical situation, facing rising family tension over a loved one’s care, or planning your own advance directive for the future, you do not have to sort through the legal questions alone. Our attorneys at Adrian Philip Thomas, P.A. review documents, explain how Florida law applies, and help you consider your options so that you can move forward with greater clarity and peace of mind.

From our office in Fort Lauderdale, we assist clients throughout the state, including frequent work in courts in Broward County, Miami-Dade County, and Palm Beach County. We offer a free initial consultation, so you can talk with us about your situation without upfront cost. Our team brings decades of focused probate and estate litigation experience to each case, and we strive to provide compassionate, individualized attention in every matter we handle.

To discuss your advance directive or living will with our team, call (954) 764-7273 or contact us online to schedule your free consultation.