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A Florida living will, also known as an advance directive or a health care advance directive, documents how you want your medical care to be handled if you are unable to voice your desires for your own care. It is a legal document. It also enables you to provide additional instructions about your care. This can be quite helpful if you are in a persistent vegetative state, terminal condition, end-stage condition, or other such condition. A Florida living will can take many forms but must be witnessed by two adults. One of your witnesses should not be your spouse or related to you by blood or adoption. Your witnesses cannot be named as your healthcare surrogate or alternate surrogate and must be at least 18 years old. You must be considered a competent adult when you create this document.
This document is just one of many used in the estate planning process. Its goal is to make difficult decisions easier on your family members while also ensuring that your wishes related to your end-stage condition easier. It is governed by Florida statutes. However, it is not the same as a durable power of attorney or other power of attorney form in the State of Florida. Before a living will becomes enacted, the treating physician or consulting physician must declare your incapacity. At that point, your designation of health care surrogate would become active for medical decisions, medical procedures, and the administration of medication.
§ 765.303: There is no set style for a Florida living will although the law offers a suggested form. The Florida Bar offers a health care advance directive that complies with Florida law. It includes room to explain your wishes related to your own health, whether you wish to have a do not resuscitate order, withdrawal of life support, surgical treatment, and whether you would like to leave any anatomical gifts.
You also have the right to name an alternative surrogate within the document. This person will assume the role of the healthcare surrogate if the surrogate is unwilling or unable to fulfill the role. Your surrogate can be a blood relative or close friend.
A living will only address medical care. It does not address assets or allow you to name a guardian for minor children. To do those things, you need to create a Florida Last Will and Testament.
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