The Patient’s Right to Decide
Every competent adult has the right to make decisions concerning his or her own
health, including the right to choose or refuse medical treatment.
When a person becomes unable to make decisions due to a physical or mental change,
such as being in a coma or developing dementia (like Alzheimer’s disease), they
are considered incapacitated. Only your primary physician can determine if you are incapacitated. To make sure that an incapacitated person’s
decisions about health care will still be respected, the Florida legislature enacted
legislation pertaining to health care advance directives (Chapter 765, Florida Statutes).
The law recognizes the right of a competent adult to make an advance directive instructing
his or her physician to provide, withhold, or withdraw life-prolonging procedures;
to designate another individual to make treatment decisions if the person becomes
unable to make his or her own decisions; and/or to indicate the desire to make an
anatomical donation after death. Additionally, the law states that you do not have to be incapacitated to elect a health care surrogate to make your decisions.
By law hospitals, nursing homes, home health agencies, hospices, and health maintenance
organizations (HMOs) are required to provide their patients with written information,
such as this pamphlet, concerning health care advance directives. The state
rules that require this include 58A-2.0232, 59A-3.254, 59A-4.106, 59A-8.0245, and
59A-12.013, Florida Administrative Code.
Questions About Health Care Advance Directives
What is an advance directive?
It is a written or oral statement about how you want medical decisions made should
you not be able to make them yourself and/or it can express your wish to make an
anatomical donation after death. Some people make advance directives when
they are diagnosed with a life-threatening illness. Others put their wishes
into writing while they are healthy, often as part of their estate planning.
Three types of advance directives are:
- A Living Will
- A Health Care Surrogate Designation
- An Anatomical Donation
You might choose to complete one, two, or all three of these forms. This pamphlet
provides information to help you decide what will best serve your needs.
What is a living will?
It is a written or oral statement of the kind of medical care you want or do not
want if you become unable to make your own decisions. It is called a living
will because it takes effect while you are still living. You may wish to speak
to your health care provider or attorney to be certain you have completed the living
will in a way that your wishes will be understood.
What is a health care surrogate designation?
It is a document naming another person as your representative to make medical decisions
for you if you are unable to make them yourself. You can include instructions
about any treatment you want or do not want, similar to a living will. You
can also designate an alternate surrogate.
Which is best?
Depending on your individual needs you may wish to complete any one or a combination
of the three types of advance directives.
What is an anatomical donation?
It is a document that indicates your wish to donate, at death, all or part of your
body. This can be an organ and tissue donation to persons in need, or donation
of your body for training of health care workers. You can indicate your choice
to be an organ donor by designating it on your driver’s license or state identification
card (at your nearest driver’s license office), signing a uniform donor form (seen
elsewhere in this pamphlet), or expressing your wish in a living will.
Am I required to have an advance directive under Florida law?
No, there is no legal requirement to complete an advance directive. However, if
you have not made an advance directive, decisions about your health care or an anatomical
donation may be made for you by a court-appointed guardian, your wife or husband,
your adult child, your parent, your adult sibling, an adult relative, or a close
The person making decisions for you may or may not be aware of your wishes.
When you make an advance directive, and discuss it with the significant people in
your life, it will better assure that your wishes will be carried out the way you
Must an attorney prepare the advance directive?
No, the procedures are simple and do not require an attorney, though you may choose
to consult one.
However, an advance directive, whether it is a written document or an oral statement,
needs to be witnessed by two individuals. At least one of the witnesses cannot
be a spouse or a blood relative.
Where can I find advance directive forms?
Florida law provides a sample of each of the following forms: a living will,
a health care surrogate, and an anatomical donation. Elsewhere in this pamphlet
we have included sample forms as well as resources where you can find more information
and other types of advance directive forms.
Can I change my mind after I write an advance directive?
Yes, you may change or cancel an advance directive at any time. Any changes should
be written, signed and dated. However, you can also change an advance directive
by oral statement; physical destruction of the advance directive; or by writing
a new advance directive.
If your driver’s license or state identification card indicates you are an organ
donor, but you no longer want this designation, contact the nearest driver’s license
office to cancel the donor designation and a new license or card will be issued
What if I have filled out an advance directive in another state and need treatment
An advance directive completed in another state, as described in that state's law,
can be honored in Florida.
What should I do with my advance directive if I choose to have one?
- If you designate a health care surrogate and an alternate surrogate be sure to ask
them if they agree to take this responsibility, discuss how you would like matters
handled, and give them a copy of the document.
- Make sure that your health care provider, attorney, and the significant persons
in your life know that you have an advance directive and where it is located.
You also may want to give them a copy.
- Set up a file where you can keep a copy of your advance directive (and other important
paperwork). Some people keep original papers in a bank safety deposit box.
If you do, you may want to keep copies at your house or information concerning the
location of your safety deposit box.
- Keep a card or note in your purse or wallet that states that you have an advance
directive and where it is located.
- If you change your advance directive, make sure your health care provider, attorney
and the significant persons in your life have the latest copy.
If you have questions about your advance directive you may want to discuss these
with your health care provider, attorney, or the significant persons in your life.
More Information On Health Care Advance Directives
Before making a decision about advance directives you might want to consider additional
options and other sources of information, including the following:
- As an alternative to a health care surrogate, or in addition to, you might want
to designate a durable power of attorney. Through a written document you can name
another person to act on your behalf. It is similar to a health care surrogate,
but the person can be designated to perform a variety of activities (financial,
legal, medical, etc.). You can consult an attorney for further information
or read Chapter 709, Florida Statutes.
If you choose someone as your durable power of attorney be sure to ask the person
if he or she will agree to take this responsibility, discuss how you would like
matters handled, and give the person a copy of the document.
- If you are terminally ill (or if you have a loved one who is in a persistent vegetative
state) you may want to consider having a pre-hospital Do Not Resuscitate Order (DNRO).
A DNRO identifies people who do not wish to be resuscitated from respiratory or
cardiac arrest. The pre-hospital DNRO is a specific yellow form available
from the Florida Department of Health (DOH). Your attorney, health care provider,
or an ambulance service may also have copies available for your use. You,
or your legal representative, and your physician sign the DNRO form. More
information is available on the DOH website
or www.MyFlorida.com (type DNRO in these
website search engines) or call (850) 245-4440.
When you are admitted to a hospital the pre-hospital DNRO may be used during your
hospital stay or the hospital may have its own form and procedure for documenting
a Do Not Resuscitate Order.
- If a person chooses to donate, after death, his or her body for medical training
and research the donation will be coordinated by the Anatomical Board of the State
of Florida. You, or your survivors, must arrange with a local funeral home,
and pay, for a preliminary embalming and transportation of the body to the Anatomical
Board located in Gainesville, Florida. After being used for medical education
or research, the body will ordinarily be cremated. The cremains will be returned
to the loved ones, if requested at the time of donation, or the Anatomical Board
will spread the cremains over the Gulf of Mexico. For further information
contact the Anatomical Board of the State of Florida at (800) 628-2594
- If you would like to learn more on organ and tissue donation, please visit the Joshua
Abbott Organ and Tissue Donor Registry at
www.DonateLifeFlorida.org where you can become organ, tissue and eye donors
online. If you have further questions about organ and tissue donation you may want
to talk to your health care provider.
- Various organizations also make advance directive forms available. One such
document is “Five Wishes” that includes a living will and a health care surrogate
designation. “Five Wishes” gives you the opportunity to specify if you want
tube feeding, assistance with breathing, pain medication, and other details that
might bring you comfort such as what kind of music you might like to hear, among
other things. You can find out more at:
Aging with Dignity
Other resources include:
American Association of Retired Persons (AARP)
(Type “advance directives” in the website’s search engine)
Your local hospital, nursing home, hospice, home health agency, and your attorney
or health care provider may be able to assist you with forms or further information.
Brochure: End of Life Issues
Health Care Advance Directives Downloadable Forms
To download the individual forms click the following:
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