A Naples law firm proficient in providing counsel on Advance Directives

Every competent adult has the legal right to make healthcare decisions for themselves. However, medical circumstances resulting from injury or disease can render him or her incapacitated and unable to make these decisions. When decisions need to be made for an incapacitated person, an enforceable Florida healthcare directive becomes critical. An understanding of Florida healthcare directives and Florida HIPAA laws are critical in crafting advance directives.

There are a few terms used to describe a Florida healthcare directive, two of which are Florida medical directives or Florida advance directives or any combination of the two (i.e. Florida advance medical directive). Other common terms for this document are “do not resuscitate” or “medical power of attorney” or “living will”.

In addition to an advance directive and the designation of a healthcare surrogate, Cardillo Keith Bonaquist can help in the preparation of HIPAA (Health Insurance Portability and Protection Act) release documents as part of your advance directive documents. HIPAA is a federal law protecting the privacy of individuals in terms of their medical records. The release of medical records to third parties requires a HIPAA release form.

In Florida, HIPAA documents must be updated every 24 months. Because HIPAA documents are required to be updated, it is generally a good practice to update your other Florida healthcare directive documents at the same time. Although your Florida advance directives and designation of healthcare surrogate are not invalidated after 24 months, just as is the case with other legal documents, the older they are, the more likely they could be subject to scrutiny by hospitals and family members.

To learn more about how our probate, trusts and estate lawyers can help you, contact us at 239-774-2229.