When a person chooses to make a Living Will, along with the Medical Power of Attorney , these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Florida.
TABLE OF CONTENTS
Anyone can be your witness in Florida if
Note: Your witnesses cannot be:
At the time of writing the Advance Directive at least one witness must be a patient advocate or ombudsman when you are a patient in a skilled nursing facility.
Note: Florida state laws require the witnesses to sign the form and give in writing their declaration or you can give an acknowledgment before the public notary.
Anyone can be your Health Care Surrogate in Florida if
Who cannot be your Proxy/Agent:
Other than the above legal requirements, the Proxy/Agent should be:
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
In Florida, an Advance Directive doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Florida Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.
You can revoke or terminate your Florida Advance Directive anytime by:
Note: The revocation of an Advance Directive will be effective once you notify your healthcare provider and healthcare surrogate/proxy.
You can make changes or amend your Advance Directive at any time in Florida but once you have signed and witnessed/notarized it you have to resubmit a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Divorce from the spouse will not make any effect on the validity of the Florida Advance Directive even if the spouse was named under Section 1 as the Proxy/Health care surrogate. However, the divorce or annulment of marriage will revoke the spouse’s power as a surrogate with immediate effect.
If you would prefer your spouse to remain legally authorized to act as a surrogate even after divorce, you may add as a Special Instruction, “The authority of my surrogate shall not be revoked by divorce or annulment of our marriage.”
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
On the left side, you will find a gray box that contains all the instructions that will help you in the application process.
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes
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