According to Florida Statute, an adult may prepare a written statement known as a living will to control the health care treatment decisions that can be made on that person behalf
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In a Living Will you do not appoint an agent to make health related decisions for you if you are terminally ill. If you wish to designate such attorney-in-fact you need to complete Health Care Power of Attorney |
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According to Florida Statute, an adult may prepare a written statement known as a “Living Will” to control the health care treatment decisions that can be made on that person's behalf. The person may use the Living Will as part of or instead of a health care power of attorney or to disqualify a surrogate.
In a Living Will you do not appoint an agent to make health related decisions for you if you are terminally ill. If you wish to designate such an agent (attorney-in-fact) you need to complete a Health Care Power of Attorney or Florida Advance Health Care Directive that combines three forms in one document: a Living Will, an Anatomical gift donation, a Health Care Power of Attorney. The Living Will is an important legal document known as an Advance Directive. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. Before signing this important document you need to discuss your treatment with your physician in as much detail as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want. It is the responsibility of the Principal (you) to provide for notification to your attending or treating physician that the Living Will has been made. In the event the Principal is physically or mentally incapacitated at the time admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the Living Will. An attending or treating physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the Principal’s medical records. THIS LIVING WILL IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. A health care provider who makes good faith health care decisions based on the provisions of an apparently genuine Living Will is immune from criminal and civil liability for those decisions. This directive is effective until you revoke it. In paragraph 1.4, you may state your preferences in regards to organ donation. Under Florida law, you may make a gift of all or part of your body to a bank or storage facility or a hospital, physician or medical or dental school for transplantation, therapy, medical or dental evaluation or research or for the advancement of medical or dental science. You may also authorize your agent to do so or a member of your family may make a gift unless you give them notice that you do not want a gift made. In paragraph 1.4, you may make a gift yourself or state that you do not want to make a gift. If you do not complete this section, your agent will have the authority to make a gift of a part of your body pursuant to law. |
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