Advanced Directives & Living Wills

End of life decisions about medical care can be much easier when advance directives are used. An advance directive simply means a statement, made while you are competent, about the medical treatment you want when you consciously cannot make decisions. Decisions made early and communicated plainly may have tremendous value for the person and the family.

The state of Florida provides excellent information about health care advanced directives.

Definitions:

  • Advance Directive: A written instruction, such as a living will or durable power of attorney for health care, recognized under State law, relating to the provision of health care when the individual is incapacitated. For more information on advance directives visit http://www.MyFlorida.com/  and enter advance directives in the website's search engine.
  • Anatomical Donation: A document that indicates an individual's wish to donate, at death, all or part of his body.  This can include organ and tissue donation to persons in need, or donation of the body for training of health care workers.
  • Do Not Resuscitate Order (DNRO): A specific yellow form available from the Florida Department of Health (DOH) which identifies an individual who does not wish to be resuscitated from respiratory or cardiac arrest. This document must be signed by the individual or legal representative, and the individual's physician. A hospital may have its own DNRO form and procedure for its use.  For additional information about DNROs, visit Florida Department of Health at http://www.floridahealth.gov/ and enter DNRO in the website's search engine or call (850) 245-4440.
  • Durable Power of Attorney: A written document naming another person to act on the individual's behalf in a variety of activities (financial, legal, and medical, etc.).
  • Health Care Surrogate: A written document naming another person as an individual's representative to make medical decisions for the individual if he is  unable to make the decisions himself.  This document can include instructions about any treatment the individual wants or does not want.  An alternate surrogate can also be named.
  • Living Will: A written or oral statement of the kind of medical care an individual wants or does not want if the individual becomes unable to make his own decisions.  It is called a Living Will if it takes effect while the individual is still living.

Here is important information about advance directives:

  1. A lawyer is not required to create an advance directive, unless you desire one.
  2. Two witnesses are required, whether the directive is oral or written. The witnesses must be at least 18 years of age and may not be related to the individual by blood, marriage or adoption.
  3. The designated health care surrogate may not witness the signature on the advance directive.
  4. Read and discuss your directive with those concerned (your doctor, surrogate, family) to make sure that they understand your wishes as you intend them.
  5. Give copies to the appropriate people. These might include your family and loved ones, your physician, your lawyer, and your clergy. Take a copy with you each time you are admitted to the hospital.
  6. Keep your advance directive in a safe place that is easily accessible 24 hours a day in the event you need it.
  7. You have the right to accept or refuse treatment and you may change or cancel a directive at any time.
  8. If you have signed a directive and you believe that a doctor or hospital hasn't followed the instructions in it, you may file a complaint with the Florida Health Consumer Services Unit, 4052 Bald Cypress Way, Bin C75, Tallahassee, FL 32399-3260; the telephone number is 850-245-4339 or toll free 1-888-419-3456.