Health Care Directives & POA to Protect Your Wishes and Empower Your Voice

The most common health care directive in the United States is the Advance Directive for Health Care, also known as a Living Will.

This document allows you to outline your wishes for medical treatment in situations where you are unable to communicate for yourself—such as during a coma, stroke, or late-stage illness. It often includes preferences around life-sustaining measures like:

• Mechanical ventilation

• Artificial nutrition or hydration

• Resuscitation (CPR)

• End-of-life comfort care

In Florida, a Living Will is legally recognized under Chapter 765 of the Florida Statutes, which covers Health Care Advance Directives and the legal right to accept or refuse medical treatment.

Many Living Wills are paired with a Designation of Health Care Surrogate (a type of medical Power of Attorney), which names a trusted person to make decisions on your behalf if you cannot.

According to the National Institutes of Health, more than two-thirds of older adults in the U.S. have some form of advance directive—yet many are incomplete or outdated, which can lead to confusion during a crisis.

💡 Pro Tip: The most effective directive is one that’s clear, legally valid, and shared with your loved ones and medical providers.

A medical directive—also called a health care directive or advance directive—is a legal document that outlines how you want medical decisions handled if you cannot speak for yourself.

📝 Example:

Imagine a Florida resident named Janet suffers a stroke and becomes unconscious. She previously completed a Living Will, which states:

“If I have a terminal condition or am in a persistent vegetative state with no reasonable chance of recovery, I do not want to be placed on a ventilator or have artificial nutrition administered. I want comfort care only.”

Because this directive is legally valid and already on file with her doctors and family, her wishes are honored—avoiding unnecessary intervention and family conflict.

💡 Other Common Medical Directive Examples Include:

• Living Will: Outlines the type of treatment you do or do not want (e.g., no feeding tubes, no CPR, etc.)

• Designation of Health Care Surrogate (Florida): Names someone you trust to make medical decisions on your behalf
  (Florida Health Care Surrogate Form – FL Health Dept.)

• Do Not Resuscitate (DNR): A form that tells medical staff not to perform CPR if your heart or breathing stops
  (CDC Advance Care Planning Resource)

🛑 Without a directive, loved ones may be forced to guess what you would want—or worse, decisions could be delayed or made by the wrong person.

Planning ahead means your care reflects your values—and your voice is still heard, even if you cannot speak.

While both documents guide medical care when you cannot speak for yourself, a DNR and a health care directive serve different—and equally important—purposes.

🟣 DNR (Do Not Resuscitate) Order:

A DNR tells medical professionals not to perform CPR (cardiopulmonary resuscitation) if your heart stops or you stop breathing. In Florida, it must be printed on yellow paper and signed by a physician to be valid in emergency settings.

• Very specific: applies only to CPR

• Used in hospitals, nursing homes, or at home with first responders

• Often part of late-stage or hospice care plans
  📄 See the official Florida DNR form (DOH-1896)

🟣 Health Care Directive (Advance Directive):

A health care directive is broader. It may include a Living Will and a Designation of Health Care Surrogate, outlining:

• The types of life-sustaining treatment you want or do not want (e.g., ventilator, feeding tube, dialysis)

• Who can make medical decisions for you if you are incapacitated

• Your preferences around comfort care and end-of-life support

📘 Learn more from the Florida Bar’s Advance Directives guide

✅ In Summary:

💡 Best Practice: Many people have both. A health care directive protects your overall wishes, while a DNR adds a specific instruction in emergency scenarios.

In most cases, no—a valid Do Not Resuscitate (DNR) order cannot be overridden, even by someone holding a Medical Power of Attorney (POA)—also called a Health Care Surrogate in Florida.

🟣 Here’s Why:

A DNR is a physician-signed medical order, not just a personal preference. Once it’s activated and visible to emergency responders (especially in Florida, where it must be printed on yellow paper), it becomes a binding directive for first responders and hospital staff.

Even if your medical POA disagrees or tries to reverse it during an emergency, healthcare providers are required to follow the DNR if it meets legal standards.

📄 Official Florida DNR Form (DOH-1896)

🟣 However, There’s One Important Exception:

If the patient is still conscious and mentally capable, they can verbally revoke the DNR—even in the presence of a health care surrogate or POA.

And if the DNR was created in the past but is no longer desired, your POA can help revoke or update the document before a medical crisis occurs by:

• Speaking directly with the attending physician

• Helping complete and sign a new advance directive or DNR revocation

• Removing the yellow DNR form from visibility in the home or medical chart

✅ Best Practice: Your medical Power of Attorney should be aligned with your DNR, Living Will, and all other advance directives. Consistency ensures your wishes are followed without confusion or legal conflict.

🧾 Learn more about DNR enforcement rules from the Florida Department of Health

No—a Power of Attorney (POA) does not override an Advance Directive.
Instead, they work together as part of a complete health care planning strategy.

🟣 How They Work Together:

• An Advance Directive—such as a Living Will—lays out your specific medical wishes, including preferences for life support, feeding tubes, resuscitation, and comfort care.

• A Medical Power of Attorney (POA)—or Health Care Surrogate in Florida—names someone to speak on your behalf and make decisions based on those wishes if you cannot communicate.

Your POA’s role is to honor your Advance Directive, not override it.

✅ Example:

Let’s say your Living Will states:

“I do not want to be kept alive by artificial ventilation if I am in a persistent vegetative state with no chance of recovery.”

If you become incapacitated, your POA cannot legally demand ventilation, even if they emotionally disagree. Medical staff are bound to follow your documented preferences, not your agent’s opinions.

⚖️ Florida Law Is Clear:

Under Florida Statute 765.104, an advance directive takes effect as soon as a person becomes incapacitated, and the designated surrogate or POA is expected to carry out the patient’s wishes—not replace them.

💡 Tip: Keep all documents—your Living Will, POA, and any DNR orders—updated and consistent. Conflicting documents can lead to delays, confusion, and legal challenges in a crisis.

🧾 Learn more from the Florida Bar’s Guide to Advance Directives

A Power of Attorney (POA) and a Health Care Proxy are often used interchangeably—but there are important legal distinctions, especially depending on what state you live in.

In Florida, the legal term for a health care decision-maker is a Designation of Health Care Surrogate, which functions like a Medical Power of Attorney.

🟣 Key Differences at a Glance:

📘 Read Florida’s official Health Care Surrogate statute here

🧠 Real-Life Example:

• If you’ve signed a Designation of Health Care Surrogate (Medical POA):
  The person you named can speak to doctors, approve or deny treatments, and access medical records if you become unable to make decisions.

• If you haven’t named anyone in writing:
  Florida law allows a physician or hospital ethics committee to appoint a Health Care Proxy—often a spouse, adult child, or close friend—but their authority is limited and may not align with your wishes.

✅ Bottom line:
A Medical POA (or Health Care Surrogate in Florida) gives you control. A Health Care Proxy is a backup decided for you—often in a crisis.

🧾 Learn more from The National Institute on Aging – Advance Care Planning Overview