Medical Care Decisions
Advance Directives FAQs
All adults in healthcare facilities such as
hospitals, nursing homes, hospices, home healthcare agencies and health
maintenance organizations, have certain rights under Florida law.
You have the right to fill out an “advance
directive,” explaining in advance what kind of treatment you want or do not want
under special, serious medical conditions – conditions that would stop you from
telling your doctor your choices. For example, if you are taken to a healthcare
facility in a coma, would you want the facility staff to know your specific
wishes about decisions regarding your treatment?
What is an advance
directive?
What is a living
will?
What is a healthcare surrogate?
What is a
healthcare power of attorney?
What is
a State Do Not Resuscitate form?
Is a living will or
healthcare surrogate better?
Must
I have an advance directive in Florida?
When does an advance
directive go into effect?
Can
I change my mind after I make a living will or designate a
surrogate?
What
if I have filled out an advance directive in another state and need treatment in
Florida?
Where can I get an
advance directive or living will?
What do I do with my
completed advance directives?
What is an advance
directive? The advance directive tells the healthcare provider how you
want your medical decisions to be made. In Florida , there are four
types of legally recognized advance directives: Living Will Healthcare
Surrogate, Healthcare Surrogate, Healthcare Power of Attorney and the State Do
Not Resuscitate form. An advance directive enables you to
make decisions about your future medical treatment.
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What is a living will? A living
will generally states 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. Florida law provides a
suggested form for a living will. You may use it or some other form. You may
wish to speak to your physician to be certain you have completed the living will
in a way that your wishes will be understood.
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What
is a healthcare surrogate? A “healthcare surrogate” designation is a
signed, dated and witnessed paper naming another person – such as a husband,
wife, adult child, other relative or friend – as your agent to make medical
decisions for you if you should become unable to make them for yourself. You can
include instructions about any treatment you want or do not want. Florida law provides a suggested form for designation of a healthcare
surrogate. The form provided by Munroe Regional Medical Center follows guidelines
set forth in Florida law. You may use
this form or another form if you choose. You may also wish to name a second
person to act as your surrogate in the event the first person you name is not
available.
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What is a healthcare
power of attorney? A healthcare power of attorney is very similar to a
healthcare surrogate. A power of attorney designation may include authority to
make healthcare decisions or it may be limited to financial and personal
property decisions.
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What is a State Do Not
Resuscitate form? A State “DNR” (Do Not Resuscitate) form is a
specialized advance directive completed by the patient’s physician and the
patient when the patient is known to have terminal illness. This document allows
emergency healthcare providers to give the patient supportive treatment for
comfort but to not treat the patient aggressively or resuscitate the patient in
the event of a cardiac or respiratory arrest. This type of advance directive
requires a special form which is available through Munroe’s Case Management
department. For more information, call (352) 351-7208.
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Is a living
will or healthcare surrogate better? You may wish to have both a living
will and a surrogate. You can combine them into a single document that describes
your treatment choices in a variety of situations and names someone to make
decisions for you. For example, using the healthcare surrogate form, you can
designate a surrogate and an alternate. In addition, you may write in any
specific treatment you want or do not want. The wishes you have expressed in
writing cannot be overridden by your surrogate. However, in situations where you
have not specified a particular wish, the surrogate probably can make the
decision you would have made. This is why it is very important to talk at length
with your surrogate. Discuss how you feel about various medical treatments and
issues, your religious beliefs and any other information you feel may help your
surrogate make the decision you would have made.
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Must I have an
advance directive in Florida? No, there is no legal requirement to
complete an advance directive. However, if you have not made an advance
directive or designated a healthcare surrogate, decisions will be made for you
by a proxy appointed by the healthcare institution using the Florida statute
guidelines that state the proxy will be chosen from a court appointed guardian,
your spouse, your adult children, your parent, your adult siblings, an adult
relative, close friend or a Licensed Clinical Social Worker and will be chosen
in that order.
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When does an
advance directive go into effect? A living will goes into effect when
you cannot be cured and death is imminent, or when you are in a persistent
vegetative state. The powers granted to your healthcare surrogate go into effect
when you doctor states in writing that you are not able to make or to make known
your healthcare choices.
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Can
I change my mind after I made a living will or designate a surrogate?
Yes, you may change or cancel the documents at any time you choose to do so. Any
change should be written, signed and dated. You can also change an advance
directive by oral statement.
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What
if I have filled out an advance directive in another state and need treatment in
Florida? An advance directive completed in another state, in compliance
with another state’s laws, can be honored in Florida .
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Where can I
get an advance directive or living will? Munroe is happy to provide advance directive
information and a living will/healthcare surrogate form. English version. Spanish version.
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What do I do with my completed
advance directives?
If you have
designated a healthcare surrogate, give a copy of the written designation form
to that person.
Give a copy of your advance directive to your physician for
your medical file.
Make sure your family knows about your advance directive
and where the written forms are located.
Keep a copy of your advance directive in a place where it
can be easily found.
Keep a card or note in your purse or wallet that says you
have an advance directive and where it is.
If you change your advance directive, make sure your
physician, attorney and/or family has the latest
copy.
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