Question 1

What is a health care advance directive in Florida?

Accepted Answer

A health care advance directive is a legal document that allows a competent adult to express their health care wishes in advance, in case they become unable to communicate. In Florida, advance directives include: a living will (expressing wishes regarding life-prolonging procedures when the person has a terminal condition, end-stage condition, or is in a persistent vegetative state), a health care surrogate designation (appointing someone to make health care decisions), and a HIPAA authorization (allowing the surrogate access to medical records). Florida's advance directive laws are found in Chapter 765, Florida Statutes.

Question 2

What are the requirements for a valid Florida advance directive?

Accepted Answer

Requirements: the principal must be a competent adult (18+ and of sound mind), the document must be signed by the principal (or by another person at the principal's direction and in their presence), the signature must be witnessed by two persons (at least one of whom is not the spouse or blood relative of the principal), the document should be notarized (not legally required but strongly recommended for practical acceptance), the health care surrogate cannot be the principal's health care provider (unless related), and the document should be provided to the primary care physician, the designated surrogate, and family members.

Question 3

Can an advance directive be revoked in Florida?

Accepted Answer

An advance directive can be revoked at any time by: a signed, written revocation, a physical destruction of the document (tearing, burning), an oral statement expressing intent to revoke (in the presence of two witnesses), or executing a new advance directive (which supersedes the prior one). The revocation is effective when communicated to the health care surrogate and the attending physician. A divorced spouse is automatically disqualified as a health care surrogate unless the advance directive specifically provides otherwise. Competency is not required to revoke; the principal's expressed intent controls.

Health Care Advance Directive

Health Care Advance Directive in Florida

Components

Requirements

Revocation

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