Making Your Choices Known:
Using Florida's Advance Directives
Using Florida's Advance Directives
You have the right to make your own treatment choices. Advance directives can help ensure your choices will be honored, even if you can no longer
speak for yourself. Advance directives provide written instructions in the event you cannot express your wishes. Advance directives include living wills and designations of health care surrogates.
Living Will
A living will is a written statement that you - as a competent adult - can prepare now. This will allow you to decide your choices for future medical treatments if you are unable to make such decisions.
The living will states you have decided no life-prolonging medical procedures are to be used when your life expectancy is limited. Under Florida law, you do not have to use a designated form. You may write your own living will declaration, in your own language, stating your exact wishes for medical treatments. A living will cannot and does not authorize euthanasia or assistance in committing suicide.
Who can prepare a living will?
You, as a competent adult, can prepare and carry out a living will. You do not need an attorney. Talk to your health care provider about medical procedures you don't understand, and talk to your attorney about any legal questions for which you need clarification.
How can I prepare a living will?
You can fill out a formatted living will, such as the free download available to the right, or you can clearly write out your specific wishes about your future medical treatment and health care choices. Your living will must be signed and dated in the presence of two adult witnesses at the same time. No one else can sign this document for you without legal consultation.
At the same time you sign, your two witnesses must also sign the living will. Only one witness can be your spouse or blood relative. Both witnesses must know you are able to understand and sign the living will.
Can I change my mind about my living will?
Yes, you can change or cancel your living will for any reason. If you change your living will, follow the instruction above and be sure to date, sign and deliver it to your health care providers. If you wish to cancel your living will, prepare a written, dated and signed statement indicating your existing living will is invalid as of a specific date. Destroy all copies of your existing living will. Tell anyone who has a copy of your living will you have state in writing it is invalid as of the date specified. Also tell your health care providers of the change.
Designation of Health Care Surrogate
Under Florida law, you can name a health care surrogate to make medical decisions for you when you are unable to make them yourself. Your health care surrogate will not and cannot make any health care decisions for you until you are unable to make them for yourself.
Who can I name to be my health care surrogate?
You can name anyone, including a family member, friend, spiritual adviser, attorney, etc. You cannot name your doctors, direct health care providers, employees or relatives of your health care providers or a court-appointed guardian of your property who has not been named as your personal guardian. Discuss your wishes with the person who you want to serve as your health care surrogate. When that person agrees to accept the responsibility, you should ask your surrogate to agree in writing. This is required before the surrogate can act on your behalf.
How can I complete a health care surrogate form?
You can fill out a formatted health care surrogate form, such as the free download available to the right, or you can clearly write on a sheet of paper who you have selected as your health care surrogate. Your health care surrogate form must be signed and dated in the presence of two witnesses. No one else can sign this document for you. At the same time you sign, your two witnesses must also sign your health care surrogate.
Your chosen health care surrogate cannot be a witness. Only one witness can be your spouse or blood relative. Both witnesses must know you, and they must know you are able to understand and sign the health care surrogate.
What can my health care surrogate legally do?
Your health care surrogate can talk with your doctors and other health care providers. He/she can give consent for diagnostic, medical, surgical and psychiatric treatments, and apply for medical benefits on your behalf. Your health care surrogate can review and release your medical records and can make decisions about withholding or withdrawing life-prolonging treatments when you are unable to speak for yourself.
What can't my health care surrogate do?
By law, your health care surrogate cannot give consent for abortion, sterilization, voluntary admission to a mental hospital, psychosurgery, most experimental medical treatment and electroshock therapy. Please carefully consider who you will entrust as your health care surrogate. This person will represent you and your wishes.
Living Will
A living will is a written statement that you - as a competent adult - can prepare now. This will allow you to decide your choices for future medical treatments if you are unable to make such decisions.
The living will states you have decided no life-prolonging medical procedures are to be used when your life expectancy is limited. Under Florida law, you do not have to use a designated form. You may write your own living will declaration, in your own language, stating your exact wishes for medical treatments. A living will cannot and does not authorize euthanasia or assistance in committing suicide.
Who can prepare a living will?
You, as a competent adult, can prepare and carry out a living will. You do not need an attorney. Talk to your health care provider about medical procedures you don't understand, and talk to your attorney about any legal questions for which you need clarification.
How can I prepare a living will?
You can fill out a formatted living will, such as the free download available to the right, or you can clearly write out your specific wishes about your future medical treatment and health care choices. Your living will must be signed and dated in the presence of two adult witnesses at the same time. No one else can sign this document for you without legal consultation.
At the same time you sign, your two witnesses must also sign the living will. Only one witness can be your spouse or blood relative. Both witnesses must know you are able to understand and sign the living will.
Can I change my mind about my living will?
Yes, you can change or cancel your living will for any reason. If you change your living will, follow the instruction above and be sure to date, sign and deliver it to your health care providers. If you wish to cancel your living will, prepare a written, dated and signed statement indicating your existing living will is invalid as of a specific date. Destroy all copies of your existing living will. Tell anyone who has a copy of your living will you have state in writing it is invalid as of the date specified. Also tell your health care providers of the change.
Designation of Health Care Surrogate
Under Florida law, you can name a health care surrogate to make medical decisions for you when you are unable to make them yourself. Your health care surrogate will not and cannot make any health care decisions for you until you are unable to make them for yourself.
Who can I name to be my health care surrogate?
You can name anyone, including a family member, friend, spiritual adviser, attorney, etc. You cannot name your doctors, direct health care providers, employees or relatives of your health care providers or a court-appointed guardian of your property who has not been named as your personal guardian. Discuss your wishes with the person who you want to serve as your health care surrogate. When that person agrees to accept the responsibility, you should ask your surrogate to agree in writing. This is required before the surrogate can act on your behalf.
How can I complete a health care surrogate form?
You can fill out a formatted health care surrogate form, such as the free download available to the right, or you can clearly write on a sheet of paper who you have selected as your health care surrogate. Your health care surrogate form must be signed and dated in the presence of two witnesses. No one else can sign this document for you. At the same time you sign, your two witnesses must also sign your health care surrogate.
Your chosen health care surrogate cannot be a witness. Only one witness can be your spouse or blood relative. Both witnesses must know you, and they must know you are able to understand and sign the health care surrogate.
What can my health care surrogate legally do?
Your health care surrogate can talk with your doctors and other health care providers. He/she can give consent for diagnostic, medical, surgical and psychiatric treatments, and apply for medical benefits on your behalf. Your health care surrogate can review and release your medical records and can make decisions about withholding or withdrawing life-prolonging treatments when you are unable to speak for yourself.
What can't my health care surrogate do?
By law, your health care surrogate cannot give consent for abortion, sterilization, voluntary admission to a mental hospital, psychosurgery, most experimental medical treatment and electroshock therapy. Please carefully consider who you will entrust as your health care surrogate. This person will represent you and your wishes.