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This is a written declaration stating your wishes
regarding the use of any life-prolonging medical treatment. In Florida, the
Living Will covers machines as well as the use of artificial nutrition and
hydration. As with the Health Care Surrogate appointment, there is not a legislated form. |
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As long as you are competent, you can make
your own choices regarding your medical treatment. A living will is only used if you are
not able to make your own decisions.
If you do not sign a written Living Will declaration, your intent can be proven
by statements you have made in the past and if you have never indicated your
wishes, your next of kin or surrogate may make the decision they believe is in
your best interest. But it is much better to put your
intent in writing.
If you are incapacitated, your Living Will cannot be used unless two doctors
certify in your medical record that you are:
(1) terminally ill, and that there is no probable chance of recovery and the
illness is expected to cause death, or
(2) you are in a persistent vegetative state that is permanent and irreversible,
or
(3) you have an "End-stage condition", defined as "a condition that is caused by
injury, disease, or illness which has resulted in severe and permanent
deterioration, indicated by incapacity and complete physical dependency, and for
which, to a reasonable degree of medical certainty, treatment of the
irreversible condition would be medically ineffective".
Whether a person is terminally ill is a subjective decision so it is important
that your physician and family understand your wishes and that you feel confident that your
physician and family will do everything possible to carry out your wishes within the
boundaries of the law. If you do not believe that your physician will follow
your wishes you may
want to consider changing physicians. If your physician will not honor your
wishes, your family will be faced with the task of finding a willing
physician during a difficult and stressful time.
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