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Deeb
Elder
Law,
P.A.
6675
13th
Ave
N,
Suite 2C
St.
Petersburg,
Florida
33710
Phone:
(727)
381-9800
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Fax:
(727)
381-1155
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Much
of the
information
below
can be
found in
Chapter
765,
Florida
Statutes.
The
Florida
Legislature
has
determined
that
every
competent
adult
has the
right to
make his
or her
own
health
care
decisions.
An
advanced
directive
is a
witnessed
written
document
signed
by a
competent
adult
giving
instructions
on any
aspect
of his
or her
health
care
including
the
utilization
of life
prolonging
procedures.
What is
a living
will?
A living
will
(not a
living
trust)
is a
properly
witnessed
written
declaration
directing
the
withholding
or
withdrawal
of life
prolonging
procedures
in the
event
one
should
have a
terminal
condition, an end stage condition, or is in a persistent negative state.
In
Florida,
the
definition
of "life
prolonging
procedures"
has been
expanded
by the
legislature
to
include
the
provision
of food
and
water to
terminally
ill
patients.
Once the
living
will has
been
witnessed
and
signed,
it is
the
responsibility
of the
maker to
notify
his or
her
physician
of its
existence.
It is an
even
better
idea to
provide
both the
physician
and the
hospital
with
copies
of the
document.
A living
will may
be
revoked
by its
maker at
any
time.
What is
a health
care
surrogate?
A health
care
surrogate
is a
person
appointed
by a
competent
adult to
make all
health
care
decisions
during
any
period
of
incapacity
of the
maker.
The
health
care
surrogate
has the
duty
when
acting
on
behalf
of the
maker to
consult
with
health
care
providers
and make
the
health
care
decisions
that the
individual
would
have
made for
her/himself,
not
those
which
the
surrogate
would
have
chosen.
The
designation
of a
health
care
surrogate
may be
revoked
by its
maker at
any
time.
What is
a DNR
form?
A DNR
form is
a
specific
legal
form on
yellow
paper
that
when
completed
becomes
a
do-not-resuscitate
order.
This
form
must be
presented
to
emergency
medical
services
at the
time of
arrival.
If the
form is
not
presented
to the
emergency
medical
team,
resuscitation
will be
attempted.
When is
a health
care
proxy
needed?
When a
written
advance
directive
has not
been
created
and
health
care
decisions
become
necessary
on
behalf
of an
incapacitated
individual,
decisions
may be
made by
a health
care
proxy.
The
Florida
statute
has set
forth
the
order of
priority
that
must be
followed
in the
designation
of the
proxy:
Judicially
appointed
guardian
Spouse
if
competent
Majority
of adult
competent
children
who are
reasonably
available
Parent
Majority
of adult
siblings
Other
adult
relative
Close
friend
The
written
designation
of a
surrogate
and a
written
living
will can
help
avoid
confusion
and
ensure
that the
wishes
of the
individual
will be
followed.
If
you need
further
information
on this
subject
or need
to have
these
documents
prepared
for you,
consult
with a
qualified
attorney
in your
area or
if you
are near
St.
Petersburg,
Florida,
contact
Deeb
Elder
Law,
P.A.
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