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Florida Durable Power of Attorney Laws

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 Wills and Durable Power of Attorney for Health Care 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.

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