The durable power of attorney is a legal arrangement which gives authority to a named individual for decisions related to artificial life support. It allows the named person to decide whether or not the patient should remain connected to a respirator (often indicated in a living will, which must be honored). Durable power of attorney is granted in Florida if it is executed by a competent adult and signed in presence of 2 adult witnesses.
Below are details about the specific powers, legal requirements, revocation, and state-to-state validity of Florida durable power of attorney laws. See Power of Attorney for Healthcare and Living Wills to learn more.
| Code Section | 765.201, et seq. Health Care Surrogate Act |
| Specific Powers, Life-Prolonging Acts | All health care decisions regarding principal's health care during principal's incapacity, including life-prolonging procedures: any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain, restore, supplant a spontaneous vital function and serves only to prolong the dying process of a patient in terminal condition. Does not include medication or medical procedure to provide comfort care or to alleviate pain; cannot withhold or withdraw life prolonging procedures from pregnant patient prior to viability |
| Legal Requirements for Durable Power of Attorney | (1) Competent adult (2) signed; (3) in presence of 2 adult witnesses |
| Revocation of Durable Power of Attorney | Revocable at any time by principal by (1) signed, dated writing; (2) destruction of declaration; (3) oral expression of intent to revoke; (4) subsequent advance health care directive materially different from the previously executed advance directive; (5) divorce revokes any designation of the former spouse as surrogate |
| Validity from State-to-State | An advance directive executed in another state in compliance with the laws of that state or Florida is validly executed |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician should make reasonable efforts to transfer to a willing health care provider. Physician unwilling to carry out the patient's wishes because of moral or ethical beliefs must within 7 days: (1) transfer the patient and pay the cost of transporting the patient to another health care provider or (2) carry out the wishes of the patient unless provisions of judicial intervention |
| Immunity for Attending Physician | Health care facility, provider, or other person acting under their direction is not subject to criminal, civil, or professional liability for carrying out health care decision |
Note: State laws are constantly changing -- contact a Florida estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for Florida Durable Power of Attorney Laws:
