What are Florida Advance Directives?

February 29, 2012
By Patricia Davis on February 29, 2012 9:53 PM |

Advance directives.jpgYou asked and a Jacksonville Estate Planning Lawyer will advise you that according to Florida Law, an "Advance directive" means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift.

A Health Care Surrogate is chosen by the principal to act for the principal and to make all health care decisions for him or her during the principal's incapacity. The health care surrogate has the authority to consult with appropriate health care providers, to provide informed consent, to provide written consent, to be provided access to the appropriate medical records of the principal, and to apply for public benefits, such as Medicare and Medicaid on behalf of the principal.

The written designation of health care shall be signed by the principal in the presence of two adult witnesses. The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal's spouse nor a blood relative. It is strongly suggested that the execution of the designation of health care surrogate be done in front of a notary.

A Living Will made be executed by any competent adult. It is a declaration concerning the providing, withholding, or withdrawal of life-prolonging procedures in the event that a person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two witnesses, one of whom is neither a spouse nor a blood relative of the principal. It is strongly suggested that the execution of the living will be done in front of a notary.

In determining whether a patient has a terminal condition, an end-stage condition, or is in a persistent vegetative state, or may recover capacity, the patient's attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each such examination are then documented in the patient's medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn.

An "Anatomical gift" or "gift" means a donation of all or part of a human body, to take effect after the donor's death and to be used for transplantation, therapy, research, or education. Chapter 765 of the Florida Statutes has a comprehensive listing of provisions that detail everything one needs to consider when contemplating an anatomical gift.

Now that you know what "Advance Directives" are, contact a Jacksonville Estate Planning Lawyer to have your advance directives prepared today.