Advanced directives are a tool in Florida that allows individuals to state how they want decisions to be made, or who is able to make such decisions, should that individual not be able to make or express their desires themselves. Florida law provides for several different advanced directives.

Living Will – A living will is a document that individuals create to direct a physician as to whether they want life-prolonging procedures to be provided or withdrawn if the individual has an end-stage condition, or is in a persistent vegetative state. This document will include your preferences as to what types of procedures you would want if ever in such a condition. The living will must be prepared and executed in a precise manner identified in Florida Statutes. Creating a living can be a great relief for family members, as they will not be charged with having to make this decision for you.

Designation of Health Care Surrogate – A designation of health care surrogate is a document that allows you to designate an individual to make medical decisions for you in the event that a physician determines that you are incapacitated. Many individuals wonder if they should a designation of health care surrogate if they have a living will, and the answer is yes. A health care surrogate can make medical decisions for you if you are only temporarily incapacitated, such as with being under general anesthesia. Such temporary incapacities would not be covered by a living will.

Power of Attorney – A power of attorney is a document that allows an individual (“principal”) to appoint another individual (“agent”) to make certain approved decisions on their behalf. An agent can be anyone that the principal chooses, so long as the agent is at least 18 years of age, and can even be a financial institution in some cases. When choosing an agent, it is important to choose someone that you know well, as a power of attorney can have the ability to make large decisions for the principal, including financial ones. Agents appointed as a power of attorney are bound by statute to act in good faith and not contrary to your interests.

Florida law provides for several different types of powers of attorney. A general power of attorney will provide the agent with broad authority to make decisions on your behalf whereas a limited or special power of attorney can be used for a specific purpose and a limited time. Further, a durable power of attorney will allow the powers appointed to your agent to extend even after you lose capacity. This durable power of attorney can be made general or narrowed to specifics that you desire.

Power of attorney can give an individual wide discretion to act on your behalf. It is important to understand the legal repercussions of such a document and ensure that it is drafted according to your desires and needs. Our attorneys can assist you in drafting and reviewing these documents.