Advance Directive Lawyer in Florida

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 a Florida 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.

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.

Let our Florida advance directive lawyer support you and your loved ones. Call (954) 764-7273 to schedule a complimentary consultation.

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.

Families choose us for our:

• Extensive experience: Since 2002, our attorneys have represented thousands of clients in estate-related cases throughout Florida.
• Litigation-focused approach: We evaluate advance directives and living wills with potential probate, guardianship, and litigation issues in mind.
• Proven results: Our track record includes more than $230 million in verdicts and settlements in high-stakes disputes.
• Recognized leadership: Founding partner Adrian P. Thomas has received an AV rating from Martindale-Hubbell, a 10 Superb rating from Avvo, recognition from Florida’s Legal Elite, and honors from Forbes Florida and American Lawyer.

How Advance Directives & Living Wills Work Under Florida Law

To make sound choices, it helps to understand what these documents actually do. 

The difference between advance directives and living wills include:

• Advance directive: This is a broad term that can include a health care surrogate designation, living will, and other written instructions about medical care if you become unable to communicate.
• Living will: This states your wishes regarding life-prolonging procedures, such as artificial ventilation or feeding tubes, 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.

Common Problems We See With Florida Advance Directives & Living Wills

Advance directives and living will disputes can become complicated. Our experienced advance directive lawyer in Florida understands how to handle these issues and can help identify potential conflicts, clarify decision-making authority, and preserve your loved one’s wishes.

Common issues we see include:

• Vague or outdated language: Older documents may no longer reflect a person’s current wishes, relationships, or medical circumstances.
• Conflicting documents: A power of attorney and health care surrogate designation may name different individuals or provide unclear authority.
• Poor coordination: Documents created at different times may overlap or create confusion about who has decision-making authority.
• Family disagreements: Adult children or other relatives may disagree about a loved one’s wishes or question whether a surrogate is acting appropriately.
• Questions about capacity: Relatives may challenge a document signed shortly before a person’s mental or physical decline, claiming they lacked the capacity to understand it.
• Undue influence: Family members may suspect that a caregiver, new partner, or relative pressured someone into signing an advance directive.
• Medical disputes: Hospitals and families may disagree about how a living will should be interpreted or who has authority to make medical decisions.

What to Do If There Is a Dispute or Confusion About a Living Will

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. 

Consider the following:

• Gather relevant documents: Collect the advance directive, living will, health care surrogate designation, durable power of attorney, and other related documents.
• Identify the decision-maker: Determine whether a health care surrogate, court-appointed guardian, or another person is currently making medical decisions.
• Document communications: Keep records of conversations with doctors, case managers, and hospital staff, and ask how they are interpreting the documents.
• Consider legal intervention: If there are disputes involving capacity, validity, abuse of authority, or conflicting wishes, court intervention may be necessary. A judge can review the documents and determine who has decision-making authority.

If you are facing this kind of dispute, our living will attorney in Florida 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

Advance directives and living will disputes can involve complex medical, family, and legal issues. Our Florida probate litigation team has experience evaluating these matters.

Our attorneys assist by:

• Listening: When you contact our firm about an advance directive or living will issue, we begin by listening carefully to your story. 
• Reviewing documents: We examine advance directives, living wills, health care surrogate designations, powers of attorney, and related records.
• Evaluating legal issues: We look for concerns involving Florida’s formal requirements, capacity, undue influence, and the exercise of decision-making authority.
• Exploring solutions: When possible, we work toward negotiated resolutions that respect the person’s wishes and comply with Florida law.
• Pursuing litigation: If a fair resolution cannot be reached, we are prepared to seek appropriate relief in probate, guardianship, or related civil proceedings.

Our attorneys draw on experience in estate planning, uncontested probate matters, and litigation to handle complex advance directive disputes and develop a strategy tailored to each matter.

Frequently Asked Questions

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

A Florida living will does not automatically become invalid because it is several years old. If it was properly executed and has not been revoked, it may still be effective. However, reviewing it after major health, family, or personal changes can help ensure it still reflects your wishes. We can help 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.

What Happens If My Family Ignores My Living Will in the Hospital?

If a valid living will is in place, health care providers generally follow its instructions and consider the authority of any designated health care surrogate. Family members cannot automatically override your documented wishes. 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 the authority to decide. 

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

Yes. An advance directive may potentially be challenged if there is evidence of a lack of capacity, undue influence, or other circumstances affecting its validity. Medical records, witness statements, and evidence surrounding the document’s creation may be important.

Do I Need an Attorney to Create an Advance Directive in Florida?

Florida law does not require an advance directive lawyer to create an advance directive. However, legal guidance can help ensure the document is properly prepared, clearly states your wishes, and works consistently with your will, trust, and other estate-planning documents.

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

Consider contacting an attorney as soon as serious disagreements arise over medical decisions or an advance directive. Early legal guidance can help clarify your rights and options, particularly when urgent hospital decisions (such as life-support) are involved.

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.

Talk With Our Florida 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 Florida advance directive 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. 

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