Remember that we all have the right to understand treatment proposed by a health care provider, including risks, alternatives, and costs, before we consent to the treatment. This right is known as “informed consent.” And also remember that every patient has the right to refuse proposed treatment. If you do not have the mental capacity to do this yourselves, then your named surrogate in your Florida Advance Directive will make these decisions for you. In making these decisions, your health care surrogate is bound to follow your instructions and wishes, not those of the surrogate. Therefore, the more specific the directive, the more likely your wishes will be followed. The surrogate can be instructed to make health care decisions for you in accordance with your values and your religious and moral beliefs, at a time when you do not have the mental capacity to make the decisions for yourself.
A Living Will is a directive but you are not designating a surrogate to make decisions for you. Rather, with a Living Will, you are directing the medical providers to withhold or discontinue life support if you are in an end stage condition, terminal illness, or permanent vegetative state AND there is no hope of recovery. You are actually taking the burden of this decision away from your family and loved ones.
Do not assume that the living will and health care surrogate forms provided by the hospital, nursing home, doctor, the internet, or anyone else reflects your particular wishes. The forms in the statute are optional and have only the basic language required by the statute.
For example, in a Living Will the statutory definition of a “terminal condition” or “end-stage condition” can be expanded to include language such as “any condition which renders me unable to care for myself, such as a massive cerebrovascular accident, serve prolonged Alzheimer’s disease, Parkinson’s disease”, and so on. This language will not be found in the do it yourself forms you find on the internet nor will they be included in your hospital’s forms.
Further, you might want to ask for or specifically decline certain “life-prolonging procedures” such as CPR, artificial administration of nutrition and hydration (forced feeding and fluid through tubes), mechanical breathing assistance, chemotherapy, blood transfusion, and certain invasive diagnostic tests. Again, you cannot rely on pre-made forms if you want to be specific about your desires. You will need to consult with a Florida attorney, one who is experienced in drafting these documents to meet your specific needs.
At the Law Office of Debra G. Simms, we have over 25 years of experience helping individuals meet their estate planning and advance directive needs. It is important to act now; too many of us wait until it’s too late.
