Florida Requirements for Advanced Directives

Florida residents who want to make their own decisions about their health care can do so with an advance directive. This is a written document that indicates the type of medical care an individual wishes to receive in the event he cannot make decisions on his own due to illness or injury. An advance directive in Florida may be a living will, a health care surrogate designation or an anatomical donation.

Living Will

• Living wills are a type of advance directive that may be prepared by someone who wants to make her own decisions in advance about her medical care. A living will is a written document that describes in detail the type of medical care that one wishes to receive in the event the decision cannot be made by the individual. This document goes into effect while the person is still living and may be prepared in the event of a terminal illness or as part of estate planning. Living wills must be completed and signed, and must have one witness that is not a blood relative or the husband or wife of the principal.

Health Care Surrogate

• A health care surrogate designation may be made and is considered to be an advance directive in Florida. This is a written document that names a specific person to make medical decisions when someone is incapacitated or too ill to decide for himself. Health care surrogate designations may be very specific regarding medical care and are similar to a living will. Those that wish to designate a person to make medical decisions for them should complete the required form available, as a download, on the Florida Agency For Health Care Administration's website. It is important for a designated health care surrogate to have a signed copy of this document.

Anatomical Donation

• An anatomical donation is a written document that indicates one's wish to donate all or part of her body after death. Organ donation or donating one's body to medical study may be done by completing an anatomical donation. Those that wish to donate their organs may also do so on their driver's license, stating so in a living will or signing a donor form.

Legal Requirements

• A Florida resident is not required by law to have an advance directive in place. An attorney is not required to fill out an advance directive in Florida; this may be done by an individual as long as the form is signed and witnessed in the proper manner. Advance directives in Florida can be changed or canceled at any time, by putting the changes into writing, signing the form and dating it. Those that have an advance directive should notify their attorney or someone close to them, so it is known that the directive exists. Copies of an advance directive should be kept in a safe place, such as a safety deposit box, until needed.