Understanding and Creating Advanced Directives in Florida

At Flores Gonzaga Law, we recognize the importance of planning for the future, especially when it comes to healthcare decisions. Advanced directives are crucial legal documents that ensure your healthcare preferences are respected even when you’re unable to communicate them. This guide provides essential information about advanced directives in Florida and how we can assist you in creating these important documents.



What Are Advanced Directives?

Advanced directives are legal documents that outline your preferences for medical care if you become incapacitated or unable to make decisions for yourself. These directives ensure that your healthcare wishes are known and followed by your loved ones and medical professionals. The primary types of advanced directives include:



• Living Will: Specifies the types of medical treatments and life-sustaining measures you want or do not want if you are terminally ill, or in a persistent vegetative state.
• Health Care Surrogate Designation: Appoints a trusted person (surrogate) to make healthcare decisions on your behalf.
• Do Not Resuscitate Order (DNR): Directs medical personnel not to perform CPR if your heart stops or if you stop breathing.

Why Are Advanced Directives Important?

• Ensures Your Wishes Are Honored: Advanced directives provide clear instructions to healthcare providers and loved ones, ensuring that your medical treatment preferences are respected.
• Reduces Family Stress: By outlining your healthcare wishes in advance, you alleviate the burden on your family to make difficult decisions during stressful times.
• Prevents Conflicts: Clear directives can prevent disagreements among family members about your care, providing peace of mind for everyone involved.
• Legal Protection: These documents offer legal protection, ensuring that your decisions are followed according to Florida law.



Creating Advanced Directives in Florida

1. Living Will: To create a living will in Florida, you must:
2. Be at least 18 years old.
3. Be of sound mind and understand the purpose of a living will.
4. Sign the document in the presence of two witnesses, one of whom cannot be your spouse or a blood relative.
5. Clearly state your wishes regarding life-prolonging treatments, including artificial nutrition, hydration, and other specific medical interventions.
6. Health Care Surrogate Designation: To appoint a health care surrogate:
7. Choose a trusted individual who understands your values and wishes.
8. Complete a Health Care Surrogate Designation document.
9. Sign the document in the presence of two witnesses, one of whom cannot be your surrogate.
10. Do Not Resuscitate Order (DNR): To obtain a DNR order:
11. Discuss your wishes with your physician.
12. Complete the official DNR form provided by the Florida Department of Health.
13. Ensure the form is signed by both you and your physician and is printed on yellow paper for easy recognition by medical personnel.

How We Can Help

At Flores Gonzaga Law we are committed to helping you create comprehensive and legally sound advanced directives tailored to your unique needs and preferences. Our services include:



• Personalized Consultation: We offer a thorough consultation to discuss your healthcare wishes and explain the different types of advanced directives available.
• Document Preparation: We assist in drafting and reviewing all necessary documents, ensuring they meet Florida’s legal requirements and accurately reflect your wishes.
• Witness Coordination: We help arrange the proper execution of documents, including the presence of witnesses and notarization if needed.
• Legal Guidance: We provide legal advice and support, helping you understand your options and make informed decisions.
• Updating Documents: Life circumstances can change, and so can your healthcare preferences. We assist in updating your advanced directives as needed to reflect your current wishes.

Conclusion

Advanced directives are essential tools for ensuring your healthcare preferences are respected and providing peace of mind for you and your loved ones. At Flores Gonzaga Law, we are dedicated to guiding you through the process of creating these important documents with care and expertise. If you are considering setting up advanced directives, contact us today to schedule your consultation and take the first step toward securing your future healthcare decisions.