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Download an advance directive form from floridahealthfinder.gov. Make sure that someone, like a PCP, lawyer, family member or care manager knows about the advance directive and its location. If there are any changes in the law about advance directives, the CMS Health Plan will notify people within 90 days.
Florida and federal law give every competent adult, 18 years or older, the right to make their own health care decisions, including the right to decide what medical care or treatment to accept, reject, or discontinue.
Legal Aspects of Advance Directives An advance directive does not need to be notarized. Neither this hospital nor your physician may require you to execute an advance directive as a condition for admittance or receiving treatment in this or any other hospital.
The health care proxy statute provides the legal ability for the family and others to take over someone's health decisions if the incapacitated person is unable to make health care decisions themselves.
Must an attorney prepare the advance directive? No, the procedures are simple and do not require an attorney, though you may choose to consult one. However, an advance directive, whether it is a written document or an oral statement, needs to be witnessed by two individuals.
Living wills and other advance directives are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself.
Generally, any adult can be a witness, but a spouse or blood relative can be only ONE of the witnesses. The second witness should be someone who is not related to you.
If you become unable to make your own healthcare decisions and do not have a legal guardian or someone designated under a Medical Power of Attorney, then certain family members and others can make medical treatment decisions on your behalf. An advance directive does not need to be notarized.