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During a medical emergency patients may not be able to speak for themselves. That is when families are often left guessing — and sometimes fighting — over who has the right to make critical healthcare decisions for a loved one. Florida law provides a way to avoid that scenario with Advance Directives.
An advance directive is a combination of legal documents that details a person’s medical wishes and names someone they trust to act on their behalf if they can’t. It can include a living will, a health care surrogate designation, a proxy, or even a “Do Not Resuscitate Order.”
These documents are designed to protect patients, reduce family disputes and ensure medical decisions reflect personal values. Any competent adult can complete an advance directive. Florida also recognizes directives executed in other states if they comply with either that state’s law or Florida law.
The documents are flexible. As long as the patient remains competent, they can amend or revoke an advance directive or change the person they’ve chosen to act for them.
Living Will
A living will outlines the kind of medical care a person does — or does not — want if they are incapacitated.
In Florida, it must be signed in front of two witnesses, neither of whom can be a spouse or blood relative. If a patient is unable to sign, a witness can sign at their direction. Florida law even recognizes oral living wills, though the statute offers little detail on how those statements should be documented.
Health Care Surrogate
Floridians can also name a health care surrogate, a trusted adult authorized to make medical decisions on their behalf. Unless an expiration date is written into the directive, that authority continues until revoked. This option allows people to choose someone they know will honor their wishes.
Health Care Proxy
A Health Care Proxy is someone who has not been expressly designated by the person to make health care decisions for them but is statutorily authorized in the event of that person’s incapacity. Some of those individuals who may act as a health care proxy for the principal are as follows:
- A spouse
- A judicially appointed guardian
- An adult child
- An adult sibling
- A close personal friend
- A license clinical social worker
End-of-Life Decisions
Advance directives also address end-of-life care. Florida allows life-prolonging treatment to be withheld or withdrawn if a patient is in a terminal condition, an end-stage condition, or a persistent vegetative state.
Those decisions can be made according to a living will, or by a designated surrogate or proxy. Under Florida law, an individual’s primary physician may proceed in life-prolonging procedures if the principal has not designated a surrogate to execute their wishes concerning life-prolonging procedures.
Do Not Resuscitate Orders
Florida’s Department of Health issues Do Not Resuscitate Orders, also known as DNROs. This is completed by a person and their physician to indicate that the person does not want to be resuscitated in case of a respiratory or cardiac arrest. The form — which must be printed on yellow paper — is signed by a physician and the patient or their surrogate. Unlike living wills, DNROs don’t require witnesses. Emergency responders and health care facilities are required to honor them.
Advance directives may not be easy to think about, but legal and medical experts say they are critical. They prevent confusion, reduce conflict, and give patients the peace of mind that their health care decisions will be carried out according to their wishes. Without one, a patient’s care could be determined by someone they never intended to speak for them.
Jamaal R. Jones is a Health Law Attorney at Jones Health Law P.A. where he represents healthcare practitioners and facilities in healthcare transactions, regulatory compliance, and licensing matters, healthcare litigation. He is an adjunct professor with the University of Tennessee where he teaches health law compliance. Jamaal is the Immediate Past-Chair of the Health Law Section of the Florida Bar and Vice Chair of Physician Organization Practice Group for the American Health Lawyer’s Association. He also has a YouTube page and Podcast aptly called “Jones Health Law” where he discusses healthcare law issues and interviews healthcare practitioners. (305) 877-5054; @joneshealthlaw; jrj@joneshealthlaw.com
