Florida Living Will And Durable Power Of Attorney

If you regularly spend time in more than one state it s smart to consider whether a living will advance directive or health care power of attorney made in your home state will be valid in the second state too.

Florida living will and durable power of attorney.

The new dpoa statute which will be effective on october 1 2011 and can be found at florida statute section 709 2101 through 709 2402 has many changes and will apply to all durable powers of attorney regardless of when they were created. By shae irving j d. A durable power of attorney must contain special wording that provides the power survives the. Florida durable power of attorney for health care form living will title xliv chapter 765 part i section 765 101 765 113 of 2015 florida statutes has guidelines related to issuing advanced directives to appoint a health care surrogate to take health care decision on your behalf in case you are declared incapacitated to do so.

Neither the supreme court of florida nor the florida bar expresses an opinion as to whether the forms comport with. The forms included on the florida agency for health care administration s health care advance directives website scroll down to find the downloadable forms have been approved by the supreme court of florida. A power of attorney terminates if the principal becomes incapacitated unless it is a special kind of power of attorney known as a durable power of attorney a durable power of attorney remains effective even if a person becomes incapacitated. Living wills health care surrogates and advanced directives.

Having all three ensures the meeting of your health and financial needs in the event of your incapacitation. However there are certain exceptions specified in florida law when a durable power of attorney may not be used for an incapacitated principal. Living wills and durable powers of attorney for health care may be used to specify your wishes regarding your health care matters and whether you want life support if you are in a condition to require it. Will other states accept my living will health care power of attorney.

The florida general power of attorney form allows for the same rights for an agent as the durable which is to act in the principal s best interest for any financial matter legal within the state. A durable power of attorney is for any person that appoints someone else to handle financial matters on their behalf before and after they should become incapacitated. A living will a durable power of attorney for finances and a durable power of attorney for health care typically appear as three separate documents. The good news is that old poa s those signed before 10 1 11 are not invalid so long as they were valid before the new statute came into effect.

Under florida law they should then allow. The difference lies in the fact that the general form does not remain valid if the principal loses decisional capacity. It is the most common type of power of attorney designation due to its practicality of allowing someone else to handle tax matters and everyday banking for another person.