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In Florida, only one can be a spouse, family member or relative; your health care surrogate cannot be a witness. In Florida, these documents do not need to be notarized to be legal, though some prefer to have them notarized along with any other legal documents, such as a will.
An advance directive is a legal document that explains how you want medical decisions about you to be made if you cannot make the decisions yourself. An advance directive lets your health care team and loved ones know what kind of health care you want, or who you want to make decisions for you when you can't.
Through advance directives, you can make legally valid decisions about your future medical care. Florida law recognizes 2 types of advance directives: 1) A Living Will Declaration. 2) A Designation of Health Care Surrogate.
The persons you appoint as your surrogate and alternate surrogate cannot act as witnesses to this document. At least one of your witnesses must not be your spouse or a blood relative. Note: You do not need to notarize your Florida Designation of Healthcare Surrogate.
When you make an advance directive, and discuss it with the significant people in your life, it will better assure that your wishes will be carried out the way you want. 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.
A Directive will be valid if it is made voluntarily by the person (i.e. nobody has pressured the person to make the decision), when the person had capacity.
An advance directive allows you to state your choices about health care or to name someone to make those choices for you, if you become unable to make decisions about your medical treatment. An advance directive can enable you to make decisions about your future medical treatment.
Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.