Making Your Wishes Known with a Living Will & Designating a Health Care Surrogate

What would happen if you experienced a serious medical problem and could not speak for yourself? Would someone know your wishes concerning medical care, life support and other interventions?

If you have an Advance Directive your doctors and healthcare team will know exactly what your wishes are. Advance Directives are legal documents that that help ensure that your wishes are carried out when you are unable to speak for yourself. Such a document can save your family a lot of anguish because they don’t need to second guess your wishes. And keep in mind that you can change your Advance Directive at any time.

There are two types of Advance Directives: the Living Will and the Designation of Health Care Surrogate Form (also known as a Durable Power of Attorney for Healthcare).

Living Will

The Living Will document lets your physician(s) and others know your choices regarding the use of life prolonging procedures if you are unable to make decisions for yourself. Your physician and your Health Care Surrogate are obligated by law to follow the directives of the Living Will.

Designation of Health Care Surrogate

The Designation of Health Care Surrogate document allows you to appoint another adult person to make healthcare decisions on your behalf when you are unable to do so. It is recommended that you appoint an adult who knows your wishes and will carry them out. It is suggested that you choose a person who has exhibited special care and concern for you and has maintained regular contact and is familiar with your personal, religious, moral and cultural beliefs. Your Health Care Surrogate will have the authority to make all medical decisions on your behalf according to your wishes, including but not limited to the withholding/withdrawal of life prolonging procedures.

It is recommended if you are single, divorced, or in a complicated family situation that you complete a Designation Of Health Care Surrogate Form.
Download These Forms

Living Will and Designation of Health Care Surrogate Instructions (English)

Living Will and Designation of Health Care Surrogate Form (English)

Living Will and Designation of Health Care Surrogate Instructions (Español)

Living Will and Designation of Health Care Surrogate Form (Español)

Make Your Wishes Known

If you have an Advance Directive, tell your family and make sure they know where it's located. Also, tell your doctor and make sure that the Advance Directive is part of your medical records. If you have a Designation of Health Care Surrogate, give a copy to the person you've chosen to act on your behalf.

If you are coming to the hospital to be admitted, bring a copy of your Advance Directive with you.

If you have further questions, we encourage you to speak with you physician, clergy, or your attorney.
You can also review our frequently asked questions about Advance Directives. View our Frequently Asked Questions (FAQs).

Please note: To read and print our Advance Directive forms and instructions, you will need to have the Adobe Acrobat Reader installed on your computer. If you do not already have the reader, you can download a free copy from Adobe by clicking on the icon at right. Once it is installed, you will be able to access the forms. Connection speeds may vary, please allow sufficient time to load.

Frequently Asked Questions About Advance Directives

What is an Advance Directive?

A witnessed written document or an oral statement in which a person can indicate their wishes concerning their healthcare.

What are some types of Advance Directive documents?

• Designation of Health Care Surrogate (Durable Power of Attorney for Health Care) - enables the person to select an individual to make healthcare decisions in his/her behalf in the event of later incompetence/incapacity.
• Living Will - enables a person to indicate his/her choices regarding the use of life prolonging procedures under various circumstances in the event of later incompetence/incapacity.

What laws are the Advance Directives based on?

The federal Patient Self-Determination Act and the state of Florida's Health Care Advance Directive Act (Florida Statute Chapter 765).

Why is it important for me to complete an Advance Directive?

You may at sometime lose the ability to make sound judgment concerning medical treatment for reasons that may range from confusion caused by medication to coma following a major accident. The decision process concerning your medical care is made easier if you have designated someone to speak on your behalf and if you have previously expressed your wishes about medical care, including thoughts about life prolonging procedures.

Who can complete an Advance Directive?

Any competent adult (18 years and older), Including an emancipated minor.

When are they considered valid?

To be valid, a competent adult must sign in the presence of two witnesses. Only one witness can be a spouse, family member or relative. The healthcare surrogate cannot be one of the witnesses.

Do these documents need to be notarized?

    No.

When do my Advance Directives take effect in a hospital?

• The Designation of Health Care Surrogate takes effect when your physician has deemed that you are unable to make your own decisions relating to healthcare.
• Living Will would be enacted only when your attending physician and a consulting physician determine that you are:
  • Unable to make your own medical decisions and (unlikely to regain this ability). AND
  • Either in a terminal, persistent vegetative state, an end stage condition, or in any other condition that you specified in your Living Will. (Refer to the Advance Directive Instructions for definitions of these conditions).

How long are Advance Directives valid?

These documents will continue indefinitely unless there is an expiration date on the document. They are valid as long as you have not been rescinded or declared them void. They become void at time of death.

While in the hospital, if I did NOT designate a Health Care Surrogate or have a court appointed guardian, who would be my "legal" decision-maker if I were unable to make medical decisions?

Healthcare decisions would be made, according to Florida law, by any of the following individuals in the following order of priority, if no individual in the prior class is reasonably available, willing or competent to act:

1. Spouse (Florida law does not recognize common law marriages as a legal marriage contract).
2. Adult children who are reasonably available for consultation (in person or by phone).
3. Parent(s).
4. Sibling(s) who are reasonably available for consultation (in person or by phone)
   1. Being the oldest child does NOT give that child any higher priority.
5. Relative who has exhibited special care and concern for the patient and who has maintained.
6. Regular contact with the patient and who is familiar with the patient's activities, health, and religious or moral beliefs.
7. Close Personal Friend - to qualify, the friend shall be 18 years of age or older, have exhibited special care and concern for the patient, and signs a Close Personal Friend affidavit stating he or she is a friend of the patient; and is willing and able to become involved in the patient's healthcare and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs.

When is it of particular importance for a person to designates a Health Care Surrogate?

When a person is:

• Single
• Divorced, or contemplating divorce
• Separated
• Living with a significant other
• Being abused by the person who would be the proxy
• Not wanting the proxy to be decision maker
• Wanting to designate one person from the proxy category where there are several people.

When I am admitted as a patient to Florida Hospital, will I be asked about Advance Directives?

Yes, if you are an adult or emancipated minor inpatient. When you are admitted to a nursing unit, you will be asked to complete a Personal Health History form or your nurse will assist you. At this time you will be asked about Advance Directives. You will also be given an Advance Directive form that has a summary of Florida Hospital's policy concerning Advance Directives.

If you have a prior completed Advance Directive, please bring a copy of your completed Advance Directive form with you to the hospital and give to your nurse. If you would like to complete one, please let your nurse know. If you have questions after reading the instructions on the back of the Advance Directive form, you may request to speak to a chaplain, case manager, or your physician.

Does a Living Will mean the person is not to be resuscitated in the event of a cardiac and/or respiratory arrest?

No, a Living Will does not mean "No Code" or "Do Not Resuscitate" (DNR). If a person is in the hospital and does not wish to be resuscitated in the event of a cardiac and/or respiratory arrest, he/she should discuss this with the attending physicians, so that a Do Not Resuscitate (DNR) order may be entered into that person's medical record.

What if a person is not in the hospital and does not want resuscitative efforts in the event of a cardiac and/or respiratory arrest?

A yellow Community Do Not Resuscitate Order form must be completed. This form must be completed by both the person and the person's attending physician in order to be valid and in effect.

For further information and to download the Community Do Not Resuscitate form, click here. 

Please note: To read and print our Advance Directive forms and instructions, you will need to have the Adobe Acrobat Reader installed on your computer. If you do not already have the reader, you can download a free copy from Adobe by clicking on the icon at right. Once it is installed, you will be able to access the forms. Connection speeds may vary, please allow sufficient time to load.