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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Medical power of attorney designating a surrogate to make health care decisions for a principal. Legal Helpmate provides Florida Advance Health Care Directive, Living Will, Designation of Health Care Surrogate |
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According to Florida law, an Advance Health Care Directive is a witnessed written document or oral statement in which you (the “Principal”) give instructions or express desires concerning any aspect of the your health care. It includes, but is not limited to, the designation of a health care surrogate, a living will, and anatomical gift preferences made pursuant to Florida Statutes.
Legal Helpmate provides you with two options 1) The Premium Package - Florida Advance Health Care Directive contains the following documents:
Revocable living will with organ donation provision 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.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. This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one. 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. Designation of a health care surrogate (Medical Power of attorney) A written document designating a surrogate to make health care decisions for you (the Principal) shall be signed by the Principal in the presence of two subscribing adult witnesses. The Principal, if unable to sign the instrument, may, in the presence of witnesses, direct that another person sign the Principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.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 spouse nor a blood relative of the Principal. Unless the document states a time of termination, the designation shall remain in effect until revoked by the Principal. A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the Principal’s designation of the surrogate. It is the responsibility of the Principal to provide for notification to his or her 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. |
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