Frequently Asked Questions about Advance Directives
It is any written instructions you give relating to the provision of healthcare in the event you become unable to make your own decisions. Examples of Advance Directives include: Living Wills, Durable Power of Attorney and Appointment of a Health Care Surrogate. Using a directive allows you to give specific instructions about your healthcare in certain situations, designate a person to act on your behalf in decision making, or to do both.
A Living Will is one kind of Advance Directive; however, many conditions and situations may arise which do not involve a terminal illness. The Advance Directive – Living Will is an expanded form addressing terminal illnesses and other conditions.
The term refers to a condition caused by a brain injury. Victims are unable to respond to their surroundings and are not aware of anything, even though their eyes may open periodically. It is similar to a coma in that the person is unresponsive but is a permanent condition. A head injury, stroke or other event may result in this condition and a person may be kept alive indefinitely in this condition by artificial means.
No. A severe illness or serious accident can happen to a person at any age. If you have strong feelings about what choices you would want in such a situation, regardless of your age, you are encouraged to consider an Advance Directive.
Yes, you may do so at any time. If you do make changes to any Advance Directive, be sure to destroy all of the outdated copies and provide copies of the updated version to the appropriate people.
Usually it is not possible to determine the chances of survival in an emergency situation or to determine the outlook for recovery. After the initial emergency has passed and the prognosis for recovery is known, your Advance Directive will take effect if you are not able to express your wishes.
No, not if you have an Advance Directive and your instructions are clear. Particularly in conditions with a sudden onset, it may take days or even weeks before prognosis is known to a reasonable degree of certainty. During the time before the outlook is known, it is appropriate to use any treatments which might be beneficial. When the prognosis is established, if your instructions indicate you would not want continued treatment under the circumstances, treatment can be stopped.
A Health Care Surrogate is a person you choose to make health care decisions for you if you are not able to do so for yourself. Your surrogate should be someone who knows your wishes and who will make decisions based on what he or she believes you would want, not based on his or her own preferences. You are encouraged to appoint a Health Care Surrogate even if you have made other written expressions of your wishes, since it is difficult to address every situation in a directive.
Yes, your right to make choices includes the ability to choose not to be given food and water artificially, even if withholding this treatment shortens your life.
Yes. Most likely any instructions which would result in withholding or withdrawing life-prolonging treatments would not be honored during the time you are pregnant.
Some choices you may make in filling out an Advance Directive may be influenced by teachings of your religion. If so, discuss the matter with your minister, priest, rabbi or other spiritual mentor.
In most cases, no; the document need only be signed in the presence of two witnesses. One of the witnesses must be someone who is not your spouse, blood relative, heir, or person responsible for paying your medical bills. However, if you have any questions concerning the legal effect of these documents or any other aspect of this matter, you should contact your attorney.
Give a copy to your Healthcare Surrogate and alternate. Discuss your healthcare treatment wishes and answer any questions that they may have. If your Healthcare Surrogate is not your spouse or your children, it is advisable that you notify your family in the event that your Healthcare Surrogate is called upon to make decisions on your behalf. Depending on your situation, you may also want to give a copy to your physician and to someone who would know if you became seriously ill, such as a neighbor or close friend.
An Advance Directive is the expression of a person’s healthcare wishes which may include a request not to undergo attempted resuscitation. A Do Not Resuscitate Order is a physician order which specifically states that should a person experience cardiac arrest or respiratory arrest, they are not to undergo attempted resuscitation. Even if a person has expressed their wishes not to undergo attempted resuscitation in their Advance Directive, their physician must additionally write a Do Not Resuscitate Order for resuscitation to be withheld.
An Advance Directive completed in another state, as described in that state’s law, can be honored in Florida.