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Florida Advance Directive Form

A Florida advance directive is a form in which instructions are given by a principal concerning any aspect of the principal’s healthcare or health information. This can include the designation of a surrogate or agent to make medical decisions on the principal’s behalf. The surrogate is legally authorized to make healthcare decisions and receive healthcare information whether or not the principal is incapacitated.

Signing Requirements (§ 765.202(1), § 765.302(1)) – Two (2) witnesses. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.

Statutory Form

DESIGNATION OF HEALTH CARE SURROGATE

I,   ([NAME]), designate as my health care surrogate under s. 765.202, Florida Statutes:

Name:   ([NAME])  

Address:   ([ADDRESS, CITY, STATE, ZIP CODE])  

Phone:   ([TELEPHONE])  

INSTRUCTIONS FOR HEALTH CARE

I authorize my health care surrogate to:

([INITIALS])   Receive any of my health information, whether oral or recorded in any form or medium, that:

    1. Is created or received by a health care provider, health care facility, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and
    2. Relates to my past, present, or future physical or mental health or condition; the provision of health care to me; or the past, present, or future payment for the provision of health care to me.

I further authorize my health care surrogate to:

([INITIALS])   Make all health care decisions for me, which means he or she has the authority to:

    1. Provide informed consent, refusal of consent, or withdrawal of consent to any and all of my health care, including life-prolonging procedures.
    2. Apply on my behalf for private, public, government, or veterans’ benefits to defray the cost of health care.
    3. Access my health information reasonably necessary for the health care surrogate to make decisions involving my health care and to apply for benefits for me.
    4. Decide to make an anatomical gift pursuant to part V of chapter 765, Florida Statutes.

([INITIALS])   Specific instructions and restrictions:  

    1. While I have decisionmaking capacity, my wishes are controlling and my physicians and health care providers must clearly communicate to me the treatment plan or any change to the treatment plan prior to its implementation.
    2. To the extent I am capable of understanding, my health care surrogate shall keep me reasonably informed of all decisions that he or she has made on my behalf and matters concerning me.

THIS HEALTH CARE SURROGATE DESIGNATION IS NOT AFFECTED BY MY SUBSEQUENT INCAPACITY EXCEPT AS PROVIDED IN CHAPTER 765, FLORIDA STATUTES.

PURSUANT TO SECTION 765.104, FLORIDA STATUTES, I UNDERSTAND THAT I MAY, AT ANY TIME WHILE I RETAIN MY CAPACITY, REVOKE OR AMEND THIS DESIGNATION BY:

  1. SIGNING A WRITTEN AND DATED INSTRUMENT WHICH EXPRESSES MY INTENT TO AMEND OR REVOKE THIS DESIGNATION;
  2. PHYSICALLY DESTROYING THIS DESIGNATION THROUGH MY OWN ACTION OR BY THAT OF ANOTHER PERSON IN MY PRESENCE AND UNDER MY DIRECTION;
  3. VERBALLY EXPRESSING MY INTENTION TO AMEND OR REVOKE THIS DESIGNATION; OR
  4. SIGNING A NEW DESIGNATION THAT IS MATERIALLY DIFFERENT FROM THIS DESIGNATION.

MY HEALTH CARE SURROGATE’S AUTHORITY BECOMES EFFECTIVE WHEN MY PRIMARY PHYSICIAN DETERMINES THAT I AM UNABLE TO MAKE MY OWN HEALTH CARE DECISIONS UNLESS I INITIAL EITHER OR BOTH OF THE FOLLOWING BOXES:

IF I INITIAL THIS BOX [◻], MY HEALTH CARE SURROGATE’S AUTHORITY TO RECEIVE MY HEALTH INFORMATION TAKES EFFECT IMMEDIATELY.

IF I INITIAL THIS BOX [◻], MY HEALTH CARE SURROGATE’S AUTHORITY TO MAKE HEALTH CARE DECISIONS FOR ME TAKES EFFECT IMMEDIATELY. PURSUANT TO SECTION 765.204(3), FLORIDA STATUTES, ANY INSTRUCTIONS OR HEALTH CARE DECISIONS I MAKE, EITHER VERBALLY OR IN WRITING, WHILE I POSSESS CAPACITY SHALL SUPERSEDE ANY INSTRUCTIONS OR HEALTH CARE DECISIONS MADE BY MY SURROGATE THAT ARE IN MATERIAL CONFLICT WITH THOSE MADE BY ME.

SIGNATURE:

__________________________________

[DAY] day of [MONTH], 20[XX]