Posted by Linda_H/FL on 6/20/07 11:46am
Msg #196025

Need advice re Florida Living Will

Have a client referred to me for signing of a POA and Living Will possibly this weekend ..here's the scoop..

Principal is in a nursing home - daughter lost POA drawn years ago and they need a new one -also want Living Will done at same time. Principal can only sign with an X - so far I'm okay with all of this as Governor's manual is clear on signing with a mark. However, Florida Statute 765.302, Procedure for making a living will, states in part "If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal's signature in the principal's presence and at the principal's request."

Is this saying a living will cannot be executed by mark in the State of Florida? Would appreciate your input on this - my referring source also has a call into her attorney to ask and I requested she let me know what he says. TIA

Reply by jba/fl on 6/20/07 11:59am
Msg #196030

It means that the principal tells someone to sign this document for her. Mrs. A tells Ms. B to sign for her. As to correct wording: I am not sure. My deal fell through before I could ask TC how to handle this. I would get 2 independent witnesses though so that 2 could say that Mrs. A did indeed ask and direct Ms. B to do so. I also would think that someone on nursing home staff or another resident would be willing to assist, as daughter probably should not do the subscribing as she has stake in outcome.(POA, not Living Will)
I am interested in knowing the outcome of correct wording though, and I hope that someone comes through for you.

Reply by Becca_FL on 6/20/07 12:10pm
Msg #196035

Linda,

Turn to page 39 of your manual and follow the proceedure "for a person with a disability who directs another to sign."



http://floridasnotary.com

Reply by Linda_H/FL on 6/20/07 12:15pm
Msg #196036

Re: Thanks both - I saw that Becca

But based on the statute my question is whether or not a living will can be signed in that manner (with an X)

Reply by Becca_FL on 6/20/07 12:26pm
Msg #196039

Re: Thanks both - I saw that Becca

Signing by Mark is not the same as directing another to sign.

Reply by Linda_H/FL on 6/20/07 12:44pm
Msg #196041

Re: Thanks a lot Becca...gotcha..:) n/m

Reply by jba/fl on 6/20/07 1:48pm
Msg #196066

The Florida Notary Law Primer, 15th Ed., page 54-55: Notarizing for One Who Directs the Notary to Sign
Defines disability, gives procedure, Notarization, Id of Principal, Certificates and Journal as sub-titles.
Do you have this book? If not, I can fax to you these pages. I don't want to do all this typing as I am sure there will be some misspellings and I can't go through that again - not so soon anyway. LOL. Julie

Reply by Linda_H/FL on 6/20/07 1:56pm
Msg #196069

LOL...thanks Julie - I have that book but also have the Governor's manual..thanks a lot!!