Planning for future medical decisions can feel uncomfortable, but it is one of the most important steps you can take to protect yourself and your loved ones. An Advance Directive allows you to set out your wishes for healthcare if you ever become unable to communicate them. In Florida, this document not only provides peace of mind but also ensures that doctors and family members understand your preferences.
What Is an Advance Health Care Directive?
An Advance Health Care Directive, or simply an advance directive, is a legal document where you state your choices about medical care. It can cover life support, resuscitation, organ donation, and more. It also allows you to appoint a trusted person to make decisions on your behalf if you are unable to do so.
Because each state has its own rules, your directive must comply with the laws of the state in which it is being issued. Working with an attorney ensures your document is complete and valid, giving you and your loved ones confidence that your wishes will be respected.
Why Every Floridian Should Have an Advance Directive
Without clear instructions, difficult decisions may fall to your family during a stressful time. An advance directive:
- Provides guidance for doctors when you cannot speak for yourself
- Reduces conflict among family members
- Helps avoid confusion or disagreements about your care
- Gives you control over medical treatment in end-of-life situations
Including an advance directive in your estate plan means you are protecting not just your property but also your health and dignity.
Types of Advance Directives in Florida
Florida law allows for several kinds of advance directives. Depending on your goals, you may use one or a combination of these documents:
- Living Will: States your wishes about medical treatments if you are terminally ill, in a persistent vegetative state, or otherwise unable to decide for yourself.
- Designation of Health Care Surrogate: Appoints a trusted person, sometimes called a healthcare proxy, to make medical decisions on your behalf.
- Do Not Resuscitate Order (DNR): A medical order that tells healthcare providers not to perform CPR if your heart stops. In Florida, this must be on a yellow form authorized by the Department of Health.
- Anatomical Donation: Allows you to state your wishes about donating organs or tissue after death.
Each serves a different purpose, and together they can provide comprehensive instructions for your care.
How to Create an Advance Directive in Florida
Florida law recognizes advance directives, but to be valid, certain requirements must be met. Here are the basic steps:
- Put your wishes in writing — Florida does not require a specific form, but your directive must be written and signed.
- Name a healthcare surrogate — This person will make decisions for you if you cannot.
- Include treatment preferences — State your choices about life support, feeding tubes, resuscitation, and other critical care decisions.
- Sign in front of two witnesses — Neither witness can be your surrogate, and at least one must not be a family member.
- Share copies with your surrogate and doctor — Make sure the people who may need it can access it quickly.
While you can complete these steps on your own, many people find the process easier and more reliable with attorney guidance.
Why Work with an Attorney on Your Advance Directive
Although Florida law does not require an attorney, there are substantial benefits to working with one:
- Compliance with state law: A Florida attorney ensures your directive meets Florida’s legal requirements.
- Clarity and completeness: We help you think through scenarios you may not have considered.
- Integration with estate planning: Your directive becomes one piece of a plan that protects your health, finances, and family.
- Peace of mind: Knowing your wishes are documented properly reduces stress for you and your loved ones.
At Verras Law, we work closely with clients to create advance directives that reflect their unique needs and values.
Connecting Advance Directives with Your Estate Plan
Your advance directive is a key part of planning for the future, but it is not the only document you need. A comprehensive estate plan may also include:
- A will to determine who receives your assets
- A trust to manage and protect property
- Powers of attorney for financial matters
- Beneficiary designations for accounts and insurance
By addressing both your medical care and your financial affairs, you can create a plan that fully protects you and your family.
Protect Your Wishes
Creating an advance directive in Florida is one of the best ways to take control of your future healthcare. By setting down your preferences and appointing a trusted surrogate, you reduce uncertainty and give your loved ones peace of mind.
At Verras Law, we will help you prepare an advance directive that works seamlessly with your overall estate plan, giving you the confidence that your voice will be heard even if you are unable to speak for yourself. Contact us today to schedule a consultation and let us help you create an advance directive and estate plan that protects both your health and your assets.