FLORIDA LIVING WILL & A DNR

Understanding the distinctions between a Florida Living Will (also known as an “Advance Directive”) and a Do Not Resuscitate Order (DNR) is crucial, as these documents serve different but complementary roles in expressing a Florida resident’s healthcare wishes.

Florida Living Will (Advance Directive)

A Florida Living Will is a legal document that outlines one’s desires and preferences for medical treatment and care in situations where an individual cannot make decisions for themselves. Specifically, it addresses whether or not a Florida resident (patient) wishes to receive artificial life-sustaining treatment if they are in one of the following conditions:

  • Terminal Condition: An incurable condition where death is expected within a short time without life-prolonging procedures.
  • End-Stage Condition: A condition resulting in severe and irreversible deterioration, where treatment would be futile.
  • Persistent Vegetative State: A condition where a person is unconscious and has no awareness of their surroundings, with no reasonable chance of recovery.

In these scenarios, the Living Will allows one to state whether they want life-prolonging treatments, such as ventilators or feeding tubes, to be used or if they prefer to “pull the plug” and let nature take its course. By making a person’s wishes clear in a Living Will, they relieve their family members from having to make these difficult and complex decisions during an emotionally stressful time.

Do Not Resuscitate Order (DNR)

A DNR is a medical order provided by a patient’s physician that specifically addresses whether they want to be resuscitated if their heart stops beating or they stop breathing. It instructs healthcare providers not to perform CPR (Cardiopulmonary Resuscitation) in these situations. This includes measures like chest compressions, defibrillation, and artificial ventilation.

A DNR is typically considered by individuals with serious health conditions where the chances of successful resuscitation are low, or where resuscitation may result in a diminished quality of life. For instance, in elderly patients or those with frail health, the physical trauma of CPR, such as broken ribs or punctured lungs, may outweigh the benefits of revival.

Key Differences and Why Both Are Important

  • Scope: The Living Will covers a broader range of medical decisions concerning life-prolonging treatment in specific medical conditions. A DNR, on the other hand, is focused solely on whether or not to attempt resuscitation in the event of cardiac or respiratory arrest.
  • Usage: The Living Will comes into play when a patient is diagnosed with a terminal, end-stage condition, or persistent vegetative state, and unable to communicate their wishes. A DNR is used in an emergency when one’s heart stops or they stop breathing.
  • Authority: A Living Will is a directive from an individual about their wishes, which healthcare providers must follow. A DNR is a medical order signed by a physician based on their patient’s wishes.

Why A Florida Resident Should Have Both

While both documents are health-related, they are not interchangeable. Having both a Living Will and a DNR ensures that all aspects of one’s healthcare preferences are respected. The Living Will provides guidance on long-term care decisions, while the DNR ensures one’s wishes are followed in a critical, time-sensitive situation. Without both, there may be gaps in understanding a person’s desires during an emergency, which can lead to confusion or unwanted medical interventions.

By preparing both a Living Will and a DNR, a Florida resident ensures that their healthcare decisions are clear and respected, providing peace of mind to both the subject individual (patient) and their loved ones.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.