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Get Informed:
Advance Directives

What are advance directives and why do I need them?

Advance directives are completed in advance of serious illness or incapacity and provide written direction about how you want medical decisions to be made. These are the legal documents that enable you to plan for and communicate your health care wishes should you become unable to make decisions for yourself.

In Florida, advance directives can include any of three forms: a living will, a health care surrogate, or a durable power of attorney. Depending on your individual needs, you may choose to complete one, two, or all three of these documents.

Advance directives let you designate a person to make decisions on your behalf; outline how you wish to have your medical and other needs met; and relieve your loved ones of the burden and uncertainty of determining your course of care.

Living will. A living will (as opposed to a legal will, which provides direction for disposal of personal property on or after death) is a legal written statement, signed when you are mentally competent, to instruct your doctor whether you do or do not want life-sustaining procedures if you become terminally ill, have an end-stage condition or are in a persistent vegetative state. It spells out what you want done if you are dying or in an irreversible coma and cannot state your wishes.

Health care surrogate. This is someone you designate in advance to make medical decisions on your behalf at the end of life or any time an injury or illness leaves you unable to communicate your own wishes. This role is also referred to as include health care agent, health care proxy, and medical power of attorney.

Durable power of attorney. This document allows you to name a person to handle your legal, business and property affairs should you become unable to do so for yourself. The person acts on your behalf according to the specific responsibilities and duties outlined in the document, which may be very broad or limited to certain specific acts.

If you want the person designated in your durable power of attorney to make medical decisions on your behalf, the document must contain specific language to this effect. An attorney should write the document and it must be witnessed by two people and notarized. The document is legal until death or cancellation.

The above information on advance directives is provided as a courtesy and should not be relied upon as legal advice. There are statutory provisions that address and set forth specific requirements for each of the advance directives listed above that are not discussed in this general information. You should consult an attorney regarding such requirements and any questions you may have regarding your legal rights and responsibilities.

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