Understanding a Living Will Declaration in Florida

Living Will Declarations in Florida – Barbara M. Pizzolato, P.A., Fort Myers, Florida.

The “Living Will” is different from a “Will”. A “Will” disposes of your worldly possessions after your death. Pursuant to the Life-Prolonging Procedure Act[1] of Florida, the “Living Will” designates someone else to direct the provision, the withholding or withdrawal of life-prolonging procedures for you in the event you suffer a terminal condition.

“Life-prolonging procedures” in Florida may include placement on a ventilator or other mechanical device, surgical procedures and blood transfusions and has been expanded to include the provision of food and water to a terminally-ill patient. It does not include the administration of medication or performance of a medical procedure , when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

A “terminal condition” means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.

The Living Will must be signed by you before two witnesses, at least one of whom is neither your spouse nor a blood relative. If you physically cannot sign the Living Will, one of the witnesses can sign for you provided they do so in your presence and at your direction.

Once a Living Will has been signed, you must provide your physician and your local hospital with a copy. Be sure to present it each time you go to the Emergency Room.

If you make a Living Will but have not designated a health care surrogate to act under it, the attending physician may proceed as you have directed in the Living Will.

No action under the Living Will can be taken until it is determined that: (i) you do not have a reasonable medical probability of recovering capacity so that you could exercise the right to withhold or withdraw life-prolonging procedures; (ii) you have a terminal condition, have an end-stage condition, or you are in a persistent vegetative state; and (iii) any limitations or conditions you may have expressed orally or in a written declaration have been carefully considered and satisfied.

Should there be a dispute regarding the attending physician's decision to withhold or withdraw life-prolonging procedures, there is a review procedure and the attending physician is not permitted to withhold or withdraw life-prolonging procedures pending that review. If a review of a disputed decision is not sought within 7 days following the attending physician's decision to withhold or withdraw life-prolonging procedures, the attending physician may proceed in accordance with your instructions under the Living Will.

You may revoke or amend a Living Will at any time while you are competent.

Reciprocity