Under Florida Statute 765.101, an Advance Directive is defined as a witnessed written document or oral statement in which a person, referred to as the principal, outlines their preferences regarding health care or health information. This can also include instructions for anatomical donation after death.
Advance directives may either be written or oral, but they must be witnessed by two individuals. One of these witnesses must not be a spouse or a blood relative. These directives can be created at any time, including after a diagnosis of a serious or life-threatening illness. However, it is generally advised to include an advance directive as part of broader estate planning. Florida law also recognizes advance directives legally executed in other states.
Advance directives are flexible and may be changed or revoked at any time through proper requirements and with the intent to change or revoke. Any changes should be written, signed, dated, and witnessed by two individuals to be valid. Creating a new advance directive will automatically replace an older version. Additionally, a principal can revoke a directive orally through a physical act, such as physically destroying the original document. Destruction can be done in any capacity.
There are three primary types of advance directives recognized in Florida:
- Living Will – This document outlines the principal’s preferences regarding life-prolonging medical treatments in the event they are unable to communicate.
- Health Care Surrogate Designation – This allows the principal to appoint another person to make health care decisions on their behalf if they become incapacitated.
- Anatomical Donation – This specifies the principal’s wish to donate organs or body tissue after death.
An individual may choose to complete one, two, or all three types depending on their specific needs or circumstances. Forms for each type of advance directive are readily available online and should be filled out carefully and accurately.
The main advantage of having an advance directive is that it ensures the principal’s medical and posthumous wishes are honored, especially during times when they may not be able to voice their preferences. Without an advance directive, decisions may fall to a court-appointed guardian or to relatives such as a spouse, adult children, parents, siblings, or close friends. Not having an advance directive may lead to the principal’s wants or needs not being met.
It is essential that the person designated to carry out the advance directive, often known as a surrogate or agent, agrees to accept this responsibility. These responsibilities should be discussed thoroughly in advance to ensure the designated person understands the principal’s best wishes. It is also wise to distribute copies of the advance directive to other important individuals in the principal’s life. This includes attorneys, close family members, and healthcare providers to ensure the advance directive is accessible when needed, especially if the primary decision-maker is unavailable.
Advance directives provide peace of mind and clarity for both individuals and their families. Taking the time to create and communicate one’s wishes ensures better preparation and dignity during times of serious illness or crisis.