Health Care Advance Directives

The Patient’s Right to Decide 

Every competent adult has the right to make decisions concerning his or her own health, including the right to choose or refuse medical treatment.

When a person becomes unable to make decisions due to a physical or mental change, such as being in a coma or developing dementia (like Alzheimer’s disease), they are considered incapacitated. To make sure that an incapacitated person’s decisions about health care will still be respected, the Florida legislature enacted legislation pertaining to health care advance directives (Chapter 765, Florida Statutes). The law recognizes the right of a competent adult to make an advance directive instructing his or her physician to provide, withhold, or withdraw life-prolonging procedures; to designate another individual to make treatment decisions if the person becomes unable to make his or her own decisions; and/or to indicate the desire to make an anatomical donation after death.

By law hospitals, nursing homes, home health agencies, hospices, and health maintenance organizations (HMOs) are required to provide their patients with written information, such as this pamphlet, concerning health care advance directives. The state rules that require this include 58A-2.0232, 59A-3.254, 59A-4.106, 59A-8.0245, and 59A-12.013, Florida Administrative Code.

Questions About Advance Directives

  • What is an advance directive?

  • What is a living will?

  • What is a health care surrogate designation?

  • What is an anatomical donation?

  • Which is best?

  • Am I required to have an advance directive under Florida law?

  • Must an attorney prepare the advance directive?

  • Where can I find advance directive forms?

  • Can I change my mind after I write an advance directive?

  • What if I have filled out an advance directive in another state and need treatment in Florida?

  • What should I do with my advance directive if I choose to have one?

  • More Information On Health Care Advance Directives