Life Sustaining Statue, Florida
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Florida, it is a general legal form.
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
Life Sustaining Statute, Florida
Statutory Declaration in Conformance with Florida Life Prolonging Procedure Act, F.S. 765.05
DECLARATION OF ________________________
Declaration made this __________ day of _____________ 20________. I ___________ willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, do hereby declare:
If at any time I should have a terminal condition, and if my attending physician has determined that there can be no recovery from such condition and my death is imminent, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences for such refusal.
If I have been diagnosed as pregnant and that diagnosis is known to my physician, this declaration shall have no force or effect during the course of my pregnancy.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.
_______________________________________
_______________________________________
City of residence: _____________________
County of residence: ___________________
State of residence: ____________________
Date: ________________________The Declarant has been personally known to me and I believe him or her to be of sound mind.
Witness: ___________________________________________
Witness: ___________________________________________Date: ___________________________
Statutory Declaration in Conformance with Florida Life Prolonging Procedure Act, F.S. 765.05
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Florida. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Florida Life Sustaining Statute?
The Florida Life Sustaining Statute, also known as the Life Prolonging Procedure Act, is codified at Florida Statutes section 765.05. It provides the legal framework for a statutory declaration allowing individuals to state their desire that their dying not be artificially prolonged under certain circumstances. The statute includes a specific form for this declaration.
What is a Declaration of Life Prolonging Procedure in Florida?
A Declaration of Life Prolonging Procedure is a document provided by Florida law that allows a person to declare that if they have a terminal condition and their attending physician determines there can be no recovery and death is imminent, life-sustaining procedures should be withheld or withdrawn. The declaration states that the person be permitted to die naturally with only medication or procedures necessary for comfort care or pain alleviation. It must be made willfully and voluntarily.
What are the requirements for a valid declaration under Florida's Life Prolonging Procedure Act?
The declaration must be made willfully and voluntarily, and it must be in the statutory form provided by Florida Statutes section 765.05. The form requires the declarant's name, the date, and a statement of the declarant's desire that dying not be artificially prolonged under the circumstances set forth. The statute does not specify additional requirements such as witnesses or notarization in the provided text.
When does a declaration under Florida's Life Prolonging Procedure Act take effect?
The declaration takes effect if the declarant has a terminal condition and the attending physician has determined that there can be no recovery from such condition and death is imminent. At that point, the declarant directs that life-sustaining procedures be withheld or withdrawn. The declarant is then permitted to die naturally with only comfort care or pain alleviation.
What is the role of the attending physician under Florida's Life Prolonging Procedure Act?
The attending physician must determine that there can be no recovery from the terminal condition and that death is imminent. This determination triggers the directive to withhold or withdraw life-sustaining procedures. The physician is also expected to honor the declaration as the final expression of the declarant's legal right to refuse medical or surgical treatment.
Can family members override a declaration made under Florida's Life Prolonging Procedure Act?
No, the declaration states that it is the declarant's intention that it be honored by family and physicians as the final expression of the legal right to refuse medical or surgical treatment. The declaration is meant to be followed when the declarant is unable to give directions. Therefore, family members are expected to honor it, not override it.
What happens if the declarant is pregnant according to Florida's Life Prolonging Procedure Act?
The provided text of the declaration states: 'If I have been diagnosed as pregnant and that diagnosis is known to my physician, this...' but the sentence is incomplete in the article. The full statutory provision regarding pregnancy is not included in the supplied text. Therefore, the specific effect of a pregnancy diagnosis under the Act cannot be determined from the information given.
Does Florida's Life Prolonging Procedure Act allow for pain relief?
Yes, the declaration directs that life-sustaining procedures be withheld or withdrawn, but it specifically allows for the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. The declarant is permitted to die naturally with such comfort measures. This ensures that pain and discomfort are addressed even when life-sustaining procedures are not used.
Is the Florida Life Prolonging Procedure Act declaration legally binding?
The declaration is intended to be the final expression of the declarant's legal right to refuse medical or surgical treatment and accept the consequences of that refusal. It states that it shall be honored by family and physicians. The statute provides the legal framework for this declaration, making it a legally recognized document in Florida.
How does one make a declaration under Florida's Life Prolonging Procedure Act?
To make a declaration, an individual must use the statutory form provided in Florida Statutes section 765.05. The form requires the declarant to willfully and voluntarily make known their desire that dying not be artificially prolonged under the circumstances set forth. It includes a declaration made on a specific date and must be signed by the declarant.
