Advanced Healthcare Directives

At Biello & Soowal, PLLC, we understand that planning for the unexpected is one of the most important steps you can take for your future. Medical emergencies can occur without warning, and when they do, your loved ones and medical providers may not know your treatment preferences unless you have made them clear in advance.

That’s where advanced healthcare directives come in. As a Florida advanced healthcare directive lawyer and estate planning law firm, we help clients take control of their healthcare choices before they ever step foot in a hospital.

Whether you are just beginning to think about estate planning or revisiting an existing plan, we can help you establish legally sound, enforceable healthcare directives that reflect your values, beliefs, and goals.

What Is an Advanced Healthcare Directive?

An advanced healthcare directive is a legal document that spells out your wishes regarding medical treatment in case you become unable to speak for yourself. In Florida, these directives allow individuals to proactively make decisions about their own medical care, ranging from life-sustaining procedures to pain management preferences.

The term “advanced directive” in Florida generally refers to a few key legal tools:

• Living Will: States the types of medical treatments or life-prolonging procedures you want—or do not want—if you become terminally ill or permanently unconscious.
• Health Care Surrogate Designation: Appoints someone to make medical decisions on your behalf when you are incapacitated.
• Do Not Resuscitate Order (DNRO): Directs emergency personnel not to perform CPR or advanced cardiac life support if your heart or breathing stops.
• Anatomical Donation: Allows you to declare your intent to donate your organs and tissues after death.

Each of these documents serves a unique purpose and can be used alone or in combination as part of a broader estate plan. We recommend reviewing all options with a qualified estate planning attorney in Florida to determine which directives are appropriate for your needs.

Why Florida Residents Need Advanced Healthcare Directives

In medical emergencies, decisions often need to be made quickly. Without clear guidance, these decisions may be left to family members or medical providers who might not know your values or wishes. This can lead to disagreements, confusion, and prolonged emotional stress.

Florida law allows you to decide your medical treatment in advance. Chapter 765 of the Florida Statutes specifically outlines individuals’ rights to make healthcare decisions and the legal mechanisms to enforce those rights.

Creating advanced directives ensures that your voice is heard even if you cannot speak. It relieves loved ones from making life-or-death decisions without knowing what you would have wanted. These documents bring clarity, control, and peace of mind during chaotic and stressful times.

Who Can Create an Advanced Directive in Florida?

Any competent adult in Florida can create an advanced healthcare directive. Florida Statute §765.101(3) states that a “competent adult” can understand and communicate their healthcare preferences. There is no minimum age beyond being legally considered an adult (18 years or older).

To be valid, an advanced directive must:

• Be made voluntarily
• Be signed by the individual (or another person in their presence and at their direction)
• Be witnessed by two adults, at least one of whom is not a spouse or relative

We often see younger individuals overlook this part of estate planning, assuming it only matters later in life. However, accidents and illnesses do not discriminate by age. We encourage anyone over 18 to consider having basic advanced directives in place.

What Happens Without an Advanced Healthcare Directive?

If you become incapacitated in Florida and have no advanced directive, the state may intervene in your care through a statutory hierarchy of surrogate decision-makers. This typically begins with a court-appointed guardian or the closest next of kin. However, this process can be slow and impersonal.

Under Florida Statute §765.401, a proxy may be appointed to make decisions for an incapacitated patient. The proxy could be:

• A spouse
• An adult child
• A parent
• An adult sibling
• A close friend
• A licensed social worker

While this statutory process serves as a safeguard, it is no substitute for a properly executed health care surrogate designation. Without a directive, your preferences may be misinterpreted—or completely unknown—at a critical time.

Living Wills: Declaring Your Medical Preferences

A living will enables you to clearly state your wishes regarding life-sustaining treatment, such as artificial hydration, feeding tubes, respirators, and resuscitation. You can express whether you want these interventions under specific medical conditions, such as being in a terminal state, end-stage condition, or persistent vegetative state.

This document becomes effective only when two physicians—one being your attending physician—determine that you cannot make medical decisions and meet the statutory conditions outlined in Florida Statute §765.304.

As a Florida advanced healthcare directive lawyer, we walk clients through various scenarios to help them understand the implications of their choices. No two people have the same beliefs about quality of life; your living will should reflect your unique perspective.

Designating a Health Care Surrogate

A health care surrogate is a person you trust to make healthcare decisions. This role is critical when a condition or injury prevents you from providing informed consent.

Florida Statute §765.202 allows you to designate a surrogate who can:

• Consult with doctors about your condition
• Approve or decline specific treatments
• Access your medical records
• Make end-of-life decisions consistent with your living will

You may also appoint an alternate surrogate if your primary surrogate is unavailable. We strongly recommend having open, honest conversations with your chosen surrogate before completing the legal documents. They should be comfortable with your values and willing to advocate for your wishes.

Can I Make Changes to My Directive?

Yes. Florida law permits you to update or revoke your directive at any time while you remain competent. You can do this in several ways:

• Executing a new directive
• Signing and dating a written revocation
• Physically destroying the original
• Verbally expressing your intent to revoke

We encourage clients to review their advanced directives every few years or after a major life event such as marriage, divorce, a serious illness, or the death of a surrogate. As your Florida estate planning attorney, we can help keep your documents up to date and aligned with your current goals.

The Role of DNROs in Emergency Situations

A Do Not Resuscitate Order (DNRO) is a specific form that instructs emergency personnel not to perform cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing. Unlike other healthcare directives, DNROs must be signed by both the patient and a physician and must be printed on yellow paper to be valid in Florida.

These forms are especially important for terminally ill individuals who wish to avoid aggressive resuscitative efforts. We help clients understand when and how a DNRO may be appropriate as part of a broader medical plan.

Organ and Tissue Donation

You may also use your directive to make anatomical gifts for transplant, therapy, research, or education. You can specify your wishes in your directive, on your driver’s license, or by registering with Florida’s organ donor registry at www.DonateLifeFlorida.org.

Including organ donation preferences in your advanced directive ensures that medical providers and your family are clear about your intent, reducing delays and confusion during a highly sensitive time.

Statistics: Why Planning Ahead Matters

According to a study published in the Journal of the American Medical Association (JAMA), only 37% of adults in the U.S. have completed an advanced healthcare directive. Yet, 92% of people say it’s important to have these decisions documented in advance.

In Florida, where more than 21% of the population is over the age of 65 (U.S. Census Bureau), having these directives in place is especially critical. Older adults are more likely to face medical conditions that lead to incapacity, yet many remain unprepared.

Failing to plan can result in rushed decisions, unwanted treatments, and unnecessary family conflict. We work to change that by making the process accessible, straightforward, and centered around your values.

Incorporating Healthcare Directives into Your Estate Plan

At Biello & Soowal, PLLC, we do not treat advanced directives as standalone documents. Instead, we help clients integrate them into a comprehensive estate plan that may include:

• A Last Will and Testament
• Durable Power of Attorney
• Revocable or Irrevocable Trusts
• Beneficiary Designations
• HIPAA Authorizations

By coordinating all aspects of your estate plan, we ensure your legal documents work harmoniously, offering seamless protection and clarity when it matters most.

How We Help Clients Prepare

When you work with us as your estate planning attorney in Florida, we guide you through every step of the process. Our approach is customized and compassionate. We listen to your concerns, explain your options in plain language, and draft documents that stand up to legal scrutiny.

Our process includes:

• A detailed consultation to understand your goals
• Preparation and review of all relevant healthcare directives
• Legal guidance on choosing a surrogate
• Coordination with family members, healthcare providers, and other advisors (if requested)
• Annual or as-needed document updates

We believe everyone deserves to have their voice heard—even in silence. Planning for incapacity is not giving up control; it is exercising it in the most meaningful way.

Frequently Asked Questions About Advanced Healthcare Directives in Florida

What is the difference between a living will and a health care surrogate designation?

A living will outlines your specific wishes regarding life-sustaining treatments if you are in a terminal or irreversible condition and cannot communicate. A health care surrogate designation appoints someone you trust to make medical decisions on your behalf if you become incapacitated. Many people choose to have both documents to cover different situations.

Can I name more than one person as my health care surrogate?

Yes. You can name a primary surrogate and one or more alternates if the primary person is unavailable or unwilling to act. However, only one person should serve at a time to avoid conflict or confusion in decision-making.

Does my health care surrogate have access to my medical records?

Yes. Under Florida law, your designated surrogate can access your medical records and communicate with doctors and hospitals. You may also include a HIPAA release in your estate plan to support this access.

Do advanced healthcare directives apply if I’m temporarily unconscious or under anesthesia?

Advanced directives generally apply when you are unable to make informed medical decisions, not during short-term unconsciousness like anesthesia for routine procedures. However, in more serious medical events such as coma or vegetative state, your directive would guide decision-making.

Will medical providers honor my directive if I’m in another state?

Most states honor out-of-state directives if they are legally valid where created, but it’s best to consult a local attorney if you travel or move frequently. As your estate planning attorney in Florida, we can help you ensure that your documents comply with local laws and are portable when needed.

Do I need a lawyer to create an advanced healthcare directive in Florida?

You are not legally required to hire a lawyer, but working with a Florida advanced healthcare directive lawyer ensures that your documents are valid, thorough, and customized. We help you avoid common pitfalls and ensure your intentions are clear.

How often should I update my advanced directive?

We recommend reviewing your directive every 3 to 5 years or after any significant life event, such as a serious diagnosis, marriage, divorce, or the death of a named surrogate. Keeping it current ensures your wishes stay aligned with your life circumstances.

Why Choose Biello & Soowal, PLLC

As a trusted Florida advanced healthcare directive lawyer, we have helped countless clients create clear and enforceable documents. We proudly serve families of all backgrounds and stages of life across Florida. We bring sensitivity, legal knowledge, and personalized attention to each case.

Whether you are an older adult managing chronic illness, a young couple preparing for parenthood, or a business owner protecting your interests, our team is here to help you navigate the complexities of medical decision-making law.

Start the Conversation Today

The best time to prepare for a medical emergency is before it happens. Your future healthcare decisions should not be left to chance. Let us help you create an advanced healthcare directive that gives you peace of mind and protects your voice.

We invite you to contact Biello & Soowal, PLLC, to schedule a confidential consultation. Together, we can ensure that your healthcare preferences are clearly stated, legally protected, and respected—no matter what the future holds.