Legal Information/Advance Directives
Preparing for the “what ifs” in life might not be something we want to address, but it’s
something everyone should take very seriously. Below are some examples of Advance
Directives. You can insert copies of the legal documents if already completed, or use
the resources included to create/develop them.
A Power of Attorney (POA) is a document that allows members to appoint a person or organization to manage their
affairs should they become unable to do so. The person appointed becomes their agent (or attorney-in-fact), and the
person who makes the appointment is known as the principal. However, all POAs are not created equal. Each type gives
the principal’s attorney-in-fact/agent (the person who will be making decision on your behalf) a different level of control:
1. Durable Power of Attorney
Allows the agent to manage all the affairs of the principal should they become unable to do so. This POA does
not have a set time limit and becomes effective immediately upon the incapacitation of the principal. It also
expires upon the principal’s death.
2. Medical Power of Attorney
Grants authority to the agent to take specific control over the healthcare decision of the principal, should
they become incapacitated or unable to do so. This POA usually takes effect upon the consent of the presiding
physician, and it allows the agent to authorize all medical decisions related to the principal.
3. Special or Limited Power of Attorney
Used on a limited basis for one-time financial or banking transactions, such as the sale of a property. The agent
has no other authority to act on behalf of the principal, other that what is assigned to them in the limited power
of attorney.
The Do Not Resuscitate (DNR) Order ensures the wishes of a person who doesn’t want CPR or other life-sustaining
methods used if his or her heart or breathing stops are met. Here are some important things to keep in mind:
1. The DNR order must be signed by a doctor.
2. If you are a family member caregiver, you may also need to sign the order.
3. The DNR order will still be in effect, even if no healthcare proxy has been chosen.
4. There is also an Out of Hospital DNR order that tells emergency staff not to perform CPR if the member’s heart
fails while at home. This order must also be signed by a doctor.
The Florida Designation of Healthcare Surrogate lets members name a competent adult to make decisions about
their medical care, including decisions about life-prolonging procedures, if they can no longer speak for themselves. The
designation of healthcare surrogate is especially useful, because it appoints someone to speak for the member any time
they are unable to make their own medical decisions—not only at the end of life. The healthcare surrogate’s powers go
into effect when the member’s doctor determines that he or she is physically or mentally unable to communicate a willful
and knowing healthcare decision.
The Florida Living Will lets members state their wishes about healthcare in the event that they are in a persistent
vegetative state, have an end-stage condition or develop a terminal condition. The living will goes into effect when the
member’s physician determines that they have one of these conditions and can no longer make their own healthcare
decisions. The living will also allows members to express their organ donation wishes.
LEGAL INFORMATIONADVANCE DIRECTIVES