About Advanced Directives
At some time, you may lose the ability to make sound decisions concerning medical treatment. Should this happen, others such as a health care surrogate, guardian, family members and/or physicians may need to make the decisions on your behalf. These documents convey your wishes about your medical care, including but not limited to, the withholding and/or withdrawal of life prolonging procedures, to assist such individuals(s) in making a decision for you that is consistent with your wishes.
You must be an adult (age 18 or older) and of sound mind when completing Advanced Directives documents. In order for these documents to be valid, you must PRINT THEM and sign the paper copy in the presence of two adult witnesses. If you are unable to sign, another person may sign your name at your direction, in your presence, and in the presence of two adult witnesses. Only one of the witnesses may be your spouse or a relative. The person you designate as your health care surrogate cannot be a witness. These documents do not need to be notarized. These documents shall remain in effect until revoked by you (in writing or verbally).
The Designation of Health Care Surrogate document allows you to appoint another person to make health care decisions on your behalf in the event you are unable to do so. The person designated as your health care surrogate would have the authority to make all medical decisions on your behalf (in accordance with your wishes), including but not limited to the withholding and/or withdrawal of life-prolonging procedures and mental health treatment, unless you expressly limit such authority. It is recommended that you choose a person who has exhibited special care and concern for you, has maintained regular contact with you, and is familiar with your personal, religious, moral, and cultural beliefs. This is a person you trust to make health care decisions on your behalf that are consistent with your beliefs and wishes.
The Living Will document lets your physician(s) and others, including your health care surrogate, know your wishes regarding the use of life-prolonging procedures if you are unable, at the time, to personally convey your wishes. Your physician, health care surrogate and others are to follow the directives of the Living Will. Your physician is required to make a reasonable effort to transfer your care to another physician if he/she is unable or unwilling to carry out the directives in the Living Will.
Keep the original completed Designation of Health Care Surrogate and/or Living Will documents and give copies to:
- Your Health Care Surrogate.
- Family member(s), friends as appropriate.
- The hospital each time you are admitted.
- Guardian or attorney in fact, if any.
- Clergy, and/or attorney.
- Nursing home or assisted living facility, if this is your home.
- Family physician or primary health care provider and treating physician.
The Designation of Health Care Surrogate and Living Will documents and this information are based on Florida law. This is general information. If further guidance is needed regarding the Designation of Health Care Surrogate and Living Will documents, please contact your physician, clergy or attorney.
It is very important that your wishes expressed in these documents be discussed with your physician and family and/or /trusted friend(s). In the State of Florida, every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment. This right is subject to certain interests of society such as the protection of human life and the preservation of ethical standards in the medical profession. To ensure that such right is not lost or diminished by virtue of later physical or mental incapacity, the Florida Legislature has established a procedure to allow a person to plan for incapacity by designating another person to direct the course of his or her medical treatment in the event of incapacity. Such a procedure is less expensive and less restrictive than guardianship proceedings, and permits a previously incapacitated person to exercise his or her full right to make health care decisions as soon as the capacity to make such decisions has been regained.
The Florida Legislature has also determined that the artificial prolongation of life for a person with a terminal condition may secure for him or her only a precarious and burdensome existence, while providing nothing medically necessary or beneficial to the patient. In order that the rights and intentions of a person with such a condition may be respected even after he or she is no longer able to participate actively in decisions concerning himself or herself, and to encourage communication among the patient, his or her family, and his or her physician, the Florida Legislature declared that the laws of Florida recognize the right of a competent adult to make an advance directive instruction his or her physician to provide, withhold, or withdraw life-prolonging procedures, or to designate another to make the treatment decision for him or her in the event that person should be found to be incompetent and suffering from a terminal condition.
If the time arises to implement your living will or to act upon an advance directive that involves life-prolonging procedures when a terminal condition is suspected to exist, your attending or treating physician and at least one other consulting physician must separately examine you to confirm or rule out the existence of the terminal condition. This procedure is imposed by Florida law as a part of the process of carrying out your desires.
Florida Hospital Flagler maintains written policies and procedures that outline the actions necessary for your right and directives to be respected and implemented.