Planning Ahead - Florida Developmental Disabilities Council

pre-need directive. As the term indicates, this option is written in advance of the need and theperson must be competent at the time he signs the directive. Some people write them whenthey are diagnosed with a life-threatening illness. Examples of these directives include:• Durable Power of Attorney – Legally competent adults who are disabled but whoare capable of giving informed consent may give durable power of attorney to anotheradult. This legal document gives the designated person the legal authorityto make decisions on specific matters for the person who is disabled. A DURABLEpower of attorney can be exercised until the death of the person who gave it, evenif the person becomes incapacitated.• Living Will – a written document that directs the providing, withholding, or withdrawalof life-prolonging medical procedures if you are unable to make your owndecisions and you have a terminal illness or are in a persistent vegetative state.• Health Care Surrogate – a written document naming another person as yourrepresentative to make medical decisions for you if you are unable to make themyourself. You can include instructions about any treatment you want or do notwant, similar to a living will. You can also designate an alternative surrogate. If youdesignate a health care surrogate and alternate be sure to ask them if they agree totake this responsibility, discuss how you would like matters handled, and give thema copy of the document.It is important that any advance directive be witnessed by at least two individuals. Laws onhealth care advance directives are in Chapter 765 of the Florida Statutes (available at your locallibrary or at www.leg.state.fl.us. The Helpful Attachments Chapter includes sample documentsof a living will, designation of health care surrogate, and donor of anatomical gifts.)FAQ’s About Living Wills & Health Care Advance Directives:The information in this section of the guidebook has been prepared by the Consumer ProtectionLaw Committee of The Florida Bar and the Bar’s Public Information Office and is offered asa courtesy of The Florida Bar and the Florida Medical Association.The Florida Legislature has recognized that every competent person has the fundamental rightof self-determination regarding decisions pertaining to his or her own health, including theright to choose or refuse medical treatment or procedures which would only prolong life whena terminal condition exists. This right, however, is subject to certain interests of society, such asthe protection of human life and the preservation of ethical standards in the medical profession.To ensure that this right is not lost or diminished by virtue of later physical or mental incapacity,and if desired, to designate another person to act on his or her behalf and make necessarymedical decisions upon such incapacity.What is a Living Will?Every competent adult has the right to make a written declaration commonly known as a “LivingWill.” The purpose of this document is to direct the provision, the withholding or withdrawalof life prolonging procedures in the event one should have a terminal condition. The suggestedform of this instrument has been provided by the Legislature within Florida Statutes Section765.303. In Florida, the definition of “life prolonging procedures” has been expanded by theLegislature to include the provision of food and water to terminally ill patients.36Chapter 8, Legal Ways of Protecting Rights