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Types Of Advance Directives In Florida Estate Planning


Advance directives go by different terms, which is part of the reason there can be confusion over how they work as part of estate planning. Florida’s statutes on Health Care Advance Directives covers a range of documents that can be used to manage medical needs during your lifetime. These are matters that address incapacity, contrary to the misconception that estate planning is about making arrangements for after death. When you are unable to make decisions regarding health care because of an injury or illness, advance directives step in.

There are multiple types of advance directives that serve different functions, but the key benefit is that loved ones will not have to go to court to handle your medical care. These documents stand in the place of a costly, time-consuming guardianship case. A Dade City advance directives lawyer can assist with preparing essential paperwork, which may include:

Designation of Health Care Surrogate: This document is one of the most important advance directives because it enables you to choose the person who will make medical decisions when you cannot give informed consent due to incapacity. You can state your wishes regarding your consent or rejections of certain types of health care, and your surrogate can apply for public health benefits to which you may be entitled. If transfer to a hospital or other health care facility becomes necessary, your agent can consent to admission.

 Living Will: Though some of the same concepts are covered, your living will is different from the health care surrogate designation. In this document, you state your wishes regarding the care you do or do not want when you cannot communicate your intentions. It takes effect when you are incapacitated and:

  • Suffer from terminal illness; and
  • Have an end-stage condition; OR,
  • Live in a persistent vegetative state.

Your living will is an opportunity to express your intentions about providing nutrition, hydration, artificial respiratory assistance, and other life-prolonging care.

 Anatomical Gifts and Donations: If you desire to donate organs or tissue, either to a person in need or for purposes of science, you must make the proper legal arrangements. Fortunately, you can indicate your choice in various ways, such as:

  • A designation on your driver’s license;
  • A provision in your living will;
  • Language in your Designation of Health Care Surrogate that empowers your agent to make decisions on anatomical donations; or,
  • Signing a uniform donor form. 

Do Not Resuscitate Order (DNRO): Individuals can execute this document as a message to medical professionals. The DNRO instructs them to withhold with types of care if you are in respiratory or cardiac arrest. A do not resuscitate order must be completed by your physician. They should be printed on special yellow paper and hung in your home in a prominent spot.

Trust a Florida Advance Directives Attorney to Explain Details 

These documents are an important part of a Florida estate plan, which you can see encompasses lifetime needs as well as your legacy after death. To learn more about each, please contact The Law Office of Laurie R. Chane. You can set up a consultation by calling 352-567-0055 or visiting our website. A Pasco County advance directives lawyer can explain the laws and guide you in creating a comprehensive estate plan.



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