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ADVANCE
DIRECTIVES
Frequently Asked Questions (FAQs)
What
is an Advance Directive?
A witnessed
written document or an oral statement in which a person
can indicate their wishes concerning their healthcare.
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What
are some types of Advance Directive documents?
- Designation
of Health Care Surrogate (Durable Power of Attorney for
Health Care) - enables the person to select an individual
to make healthcare decisions in his/her behalf in the event
of later incompetence/incapacity.
- Living
Will - enables a person to indicate his/her choices
regarding the use of life prolonging procedures under various
circumstances in the event of later incompetence/incapacity.
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What
laws are the Advance Directives based on?
The federal Patient Self-Determination Act and the state
of Florida's Health Care Advance Directive Act (Florida
Statute Chapter 765).
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Why
is it important for me to complete an Advance Directive?
You
may at sometime lose the ability to make sound judgment
concerning medical treatment for reasons that may range
from confusion caused by medication to coma following a
major accident. The decision process concerning your medical
care is made easier if you have designated someone to speak
on your behalf and if you have previously expressed your
wishes about medical care, including thoughts about life
prolonging procedures.
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Who
can complete an Advance Directive?
Any
competent adult (18 years and older). (Including an emancipated
minor)
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When are they considered valid?
To be
valid, a competent adult must sign in the presence
of two witnesses. Only one witness can be a spouse,
family member or relative. The health care surrogate can
not be one of the witnesses.
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Do
these documents need to be notarized?
No
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When
do my Advance Directives take effect in a hospital?
-
The Designation of Health Care Surrogate
takes effect when your physician has deemed that you are
unable to make your own decisions relating to healthcare.
-
Living Will
would be enacted only when your attending physician
and a consulting physician determine that you are:
a.
Unable to make your own medical decisions and (unlikely
to regain this ability ) AND
b. Either in a terminal, persistent vegetative state,
an end stage condition, or in any other condition that you
specified in your Living Will. (Refer to the Advance
Directive Instructions for definitions of these conditions)
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How
long are Advance Directives valid?
These
documents will continue indefinitely unless there is an
expiration date on the document. They are valid as long
as you have not been rescinded or declared them void. They
become void at time of death.
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While
in the hospital, if I did NOT designate a Health Care Surrogate
or have a court appointed guardian, who would be my "legal"
decision-maker if I were unable to make medical decisions?
Health
care decisions would be made, according to Florida law,
by any of the following individuals in the following
order of priority, if no individual in the prior class
is reasonably available, willing or competent to act:
1. Spouse
(Florida law does not recognize common law marriages as
a legal marriage contract)
2. Adult children who are reasonably available for
consultation (in person or by phone)
3. Parent(s)
4. Sibling(s) who are reasonably available for consultation
(in person or by phone)
• Being the oldest child does NOT give that child any
higher priority.
5. Relative who has exhibited special care and concern
for the patient and who has maintained
regular contact with the patient and who is familiar with
the patient's activities, health, and religious or moral
beliefs.
6. Close Personal Friend - to qualify, the friend
shall be 18 years of age or older, have exhibited special
care and concern for the patient, and signs a Close Personal
Friend affidavit stating he or she is a friend of
the patient; and is willing and able to become involved
in the patient's health care and has maintained regular
contact with the patient so as to be familiar with the patient's
activities, health, and religious or moral beliefs.
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When
is it of particular importance for a person to designates
a Health Care Surrogate?
When
a person is:
- Single
- Divorced,
or contemplating divorce
- Separated
- Living
with a significant other
- Being
abused by the person who would be the proxy
- Not
wanting the proxy to be decision maker
- Wanting
to designate one person from the proxy category where
there are several people.
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When
I am admitted as a patient to Florida Hospital, will I be
asked about Advance Directives?
Yes,
if you are an adult or emancipated minor inpatient. When
you are admitted to a nursing unit, you will be asked to
complete a Personal Health History form or your nurse will
assist you. At this time, you will be asked about Advance
Directives. You will also be given an Advance Directive
form that has a summary of Florida Hospital's policy concerning
Advance Directives.
If
you have a prior completed Advance Directive, please bring
a copy of your completed Advance Directive form with you
to the hospital and give to your nurse. If you would
like to complete one, please let your nurse know. If you
have questions after reading the instructions on the back
of the Advance Directive form, you may request to speak
to a chaplain, case manager, or your physician. If after
reading the instructions on the back of the Advance Directive
form
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Does
a Living Will mean the person is not to be resuscitated in
the event of a cardiac and / or respiratory arrest?
No,
a Living Will does not mean "No Code" or
"Do Not Resuscitate" (DNR). If a person is in
the hospital and does not wish to be resuscitated in the
event of a cardiac and/or respiratory arrest, he/she should
discuss this with the attending physicians, so that a Do
Not Resuscitate (DNR) order may be entered into that
person's medical record.
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What
if a person is not in the hospital and does not want resuscitative
efforts in the event of a cardiac and/or respiratory arrest?
A yellow
Community Do Not Resuscitate Order form
must be completed. This form must be completed by both
the person and the person's attending physician in order
to be valid and in effect.
For
further information and to download the Community Do
Not Resuscitate form, click
here.
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Please
note: To read and print our Advance Directive forms and
instructions, you will need to have the Adobe Acrobat Reader
installed on your computer. If you do not already  have
the reader, you can download a free copy from Adobe by clicking
on the icon at right. Once it is installed, you will
be able to access the forms. Connection speeds may vary, please
allow sufficient time to load.
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