Make Your Wishes Known. Protect Your Voice.

A Living Will and Healthcare Directives ensure that your medical wishes are clearly documented and respected, even if you are unable to communicate them yourself.


At the Law Office of Jessica Lynn Silva, we help clients put thoughtful plans in place so their healthcare decisions are honored with clarity and confidence.

Serving clients throughout Florida. Virtual consultations available.

Wills

A will outlines how your assets should be distributed after your passing and allows you to name guardians for minor children.



Wills typically go through probate, which means the court oversees the administration and distribution of your estate.

Trusts

A trust is a legal structure that allows assets to be managed and distributed according to your instructions.


Depending on how it is set up, a trust can:

  • avoid probate
  • provide privacy
  • allow for more control over how and when assets are distributed
  • support long-term planning strategies


What Is a Living Will?

A Living Will is a legal document that outlines your preferences for medical treatment if you are unable to make decisions for yourself.

Your Living Will

Provides direction to doctors and loved ones regarding:

  • life-prolonging procedures
  • end-of-life care
  • life support decisions
  • other critical medical choices


This ensures your wishes are followed, even when you cannot speak for yourself.

What Are Healthcare Directives?

Healthcare directives work alongside a Living Will to provide a complete plan for medical decision-making.


These may include:

  • designation of a healthcare surrogate
  • instructions for medical treatment preferences
  • authorization for someone to make healthcare decisions on your behalf
  • Designation of Pre-Need Guardian


Together, these documents remove uncertainty and provide clear guidance during critical moments.

What is a Pre-Need Guardian

A pre-need guardian is a person you name in advance to care for you, or your minor child, if a court ever determines that a guardian is needed. In Florida, this designation is made before any incapacity or emergency occurs, giving you a voice in who will step in to make important decisions if you cannot.

When is it Used?

A pre-need guardian becomes relevant if:

  • An adult becomes incapacitated and needs a court-appointed guardian
  • A minor child’s parents are unable to care for them
  • There is a legal proceeding to determine guardianship


While the court still makes the final decision, your written designation is given strong consideration under Florida law.

Why it Matters

Without a pre-need guardian designation, a court will decide who is appointed and it may not be the person you would have chosen.

By naming a pre-need guardian, you:

  • Maintain control over who will care for you or your child
  • Reduce the risk of family conflict
  • Provide clear guidance to the court
  • Help avoid delays during already stressful situations

Who Should You Name?

You should choose someone who:

  • Is trustworthy and responsible
  • Understands your values and wishes
  • Is willing and able to serve
  • Can handle financial and/or personal decision making

Why This Planning Matters

Without clear instructions in place, loved ones are often left making difficult decisions during emotional and stressful situations.


A properly prepared Living Will and Healthcare Directives can:

  • relieve your family from uncertainty and pressure
  • ensure your wishes are clearly understood
  • prevent conflict among family members
  • provide guidance to medical professionals
  • give you peace of mind knowing your decisions are documented


Florida-Specific Considerations

Florida law has specific requirements regarding Living Wills and Healthcare Directives.


The Law Office of Jessica Lynn Silva ensures your documents are properly drafted, legally valid, and aligned with current Florida statutes.


We work with clients across Florida, as well as individuals who:

  • own property in Florida
  • are planning to relocate to Florida
  • need Florida-compliant documents as part of their overall estate plan



Work With Us From Anywhere

You do not need to be located near one of our offices to put these documents in place.



We offer a streamlined process that allows many estate planning matters to be handled efficiently while still providing personalized guidance and clear communication.

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Make Your Wishes Clear — Before They’re Needed

Planning ahead ensures your voice is heard, your wishes are respected, and your loved ones are supported during difficult moments.


Have questions or not sure what is right for you? Send us a message using the form below.

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FAQ

Frequently asked questions

  • Do I need both a Living Will and a Healthcare Directive?

    In most cases, yes. A Living Will outlines your wishes, while healthcare directives appoint someone to carry them out and make decisions when needed.

  • Who should I choose as my healthcare surrogate?

    This should be someone you trust to make decisions in line with your wishes — often a spouse, close family member, or trusted individual.

  • When should I create these documents?

    It is best to put these in place before they are needed. Unexpected situations can arise at any time.

  • Can I update my Living Will or Healthcare Directives?

    Yes. These documents can be updated at any time as your preferences or circumstances change.