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Death, Decisions, and the Sunshine State: What You Need to Know About Medically Assisted Suicide and Estate Planning in Florida

  • Writer: Isabella Maclackin
    Isabella Maclackin
  • 5 days ago
  • 2 min read


Let’s face it—nobody likes to think about the end of life. We’d all rather sip margaritas on a Florida beach and pretend we’re immortal. But alas, even in the Sunshine State, time catches up with us. And while estate planning might not sound like a thrilling topic, it is a lot more fun than leaving your family in a legal mess the size of I-95 traffic.


One question that pops up more than you'd think is this: “Can I include end-of-life wishes like medically assisted death in my estate plan?”


Well… pull up a beach chair, because we’re about to break it down—with just enough levity to keep things from getting too morbid.


Medically assisted suicide (also known as Medical Aid in Dying or MAiD) is when a terminally ill, mentally competent adult chooses to end their life with the help of a physician—usually by taking prescribed medication. This isn't the same as euthanasia (which involves someone else administering the medication). MAiD is entirely self-directed.


Currently, the following U.S. jurisdictions allow some form of medical aid in dying: Oregon, Washington, California, Colorado, Vermont, Maine, New Jersey, New Mexico, Hawaii, Montana (via court ruling), and Washington, D.C. In these places, if you meet the strict criteria (like having a terminal illness and a prognosis of six months or less), you can legally request life-ending medication from a physician.


Ah, Florida. Home to endless sunshine, hurricanes with names, and deeply complex politics. Here’s the deal: Florida does not currently allow medically assisted suicide. It’s not legal here, and there’s no sign it’s changing anytime soon. In fact, assisting in someone’s suicide can result in criminal charges in Florida, even if it’s done with the best intentions. So no, you can't just write in your will that you’d like a prescription and a sunset goodbye in the Keys. That’s not how it works.


Even though MAiD isn’t legal here, you still have lots of control over your end-of-life care—you just have to use the right tools:


Creating a Living Will: A living will lets you state your wishes about life-sustaining treatments (think feeding tubes, ventilators, etc.). It's your way of saying, “No thanks, I don’t want to be kept alive indefinitely by machines.”


Designate a Health Care Surrogate: This is your chosen person to make medical decisions on your behalf if you're unable to. Choose someone who knows you well and won’t panic under pressure (ideally not your cousin who once fainted during a flu shot).


At the end of the day, estate planning in Florida isn't just about who gets Grandma’s ring or how to avoid probate court. It's about making sure you have dignity, comfort, and clarity in life’s toughest moments—even if that life ends in Florida, where MAiD isn’t on the menu.

So while you may not have access to assisted suicide here, you do have the power to make your end-of-life journey as peaceful and purposeful as possible. And let’s be honest: there's something kind of beautiful about preparing for the inevitable with a mojito in hand and a solid plan in your back pocket.


If you're in Florida and want to ensure your wishes are honored (no matter what the law says about life-ending medications), now's a great time to talk with an estate planning attorney.


 
 
 

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Acemaven LEGAL, P.A.

AceMaven Legal is an Estate Planning Law Office in Valrico, Florida. We help our clients rest in peace knowing their assets are passed as planned.

1070 Bloomingdale Avenue

Valrico, Florida 33596

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