How Is a Florida Advance Directive Amended or Revoked?

Under Florida law, an advance directive is a witnessed written document or oral statement of health care instructions or wishes. It includes a designation of health care surrogate, a living will, and an anatomical gift.

Physical cancellation or destruction may be done by the principal or by another person in the principal's presence and at the principal's direction. An amendment or revocation takes effect when it is communicated to the surrogate, the health care provider, or the health care facility. No civil or criminal liability is imposed on a person who fails to act on an amendment or revocation unless that person has actual knowledge of it.

Divorce has a specific effect. Unless the advance directive or the dissolution or annulment order provides otherwise, the dissolution or annulment of the principal's marriage revokes the designation of the former spouse as surrogate.

A separate rule applies to a medical proxy recognized when there is no surrogate. If a patient's legal disability is removed, the patient may amend or revoke the recognition of the proxy and any uncompleted decision by the proxy. That change takes effect when it is communicated to the proxy, provider, or facility in writing, or orally in the presence of a third person.

The documents themselves are explained in what a living will is and what a health care directive is.