Florida and Texas Advance Directives

Florida and Texas Advance Directives

Florida is located in the extreme southeastern part of the United States. It is worth depicting that it borders the Atlantic ocean and the Gulf of Mexico. Moreover, it is brought to consist of a significant number of beaches. Texas state, on the other hand, is located in the south-central part of America. It is bordered with the state of Louisiana on the eastern part, Oklahoma on the northern region, and New Mexico on its western part. Advance directives refer to health statements that can be written or oral based on how an individual wishes the medical decisions about the anatomical part of his or her body to be made especially if in a situation where he is incapacitated to do so (Wardle, 2012). In Florida, the three types of the advanced directives are based on the will, the anatomical donation, and surrogate destination, especially in the health care sector.

It is developed that with the two states, there is no legal policy that establishes the necessity to have an advance directive. Moreover, in Florida, it is brought that one has to fill the form of the living will separate from the other two types of advance directives. In the state of Texas, the legal policy demand that an individual ought to engage in filling two specified forms. It can be indicated that the types include a living will which is referred to us the directive portrayed to the physicians and family. Moreover, the other part of the directive can be connected to a medical attorney present during the incidence..

The advance directives in Florida further reveals that for one to develop the legal rights of the living will or the anatomical donation, he or she might opt for the durability of a power of attorney within the state. In this case, the individual will extensively discuss the matters concerning the anatomical donation or free will and also agree to take responsibility. On the other hand, in the state of Texas, the advance directives depict that a power of attorney is necessary and the documents should be legally authored to present the decisions the individual opts to be taken in such health care situations (Kapottos and Youngner, 2015). In Texas, the durable power of the attorney is a necessity, and it has to legally written document. The law of Texas and Florida allows medical institutions to overrule the requests received from families based on futile care.

Moreover, the State of Texas permits an individual’s signature to be acknowledged by the notary. Additionally, in cases where electronic signatures are involved, it is worth ascertaining that if they are based on the directives to health physicians, it is necessary to meet the attorney’s medical power under the existence of specific requirements. However, in Florida, the advance directive allows for the person’s signature to be recognized through a witness. It can also be indicated that in Florida, the constitutional law of the state demands that an individual should sign an advance directive especially in the presence of two adult witnesses that are also required to have their signatures on the document (Sonderling, 2008). However, in cases of an individual having the incapacity to sign, someone must do it in the presence of his directives. The case is different from that of Texas, where a notary acknowledges a signature. The law of Texas also demands that any individual above the age of 18 years has the responsibility to sign an advance directive.

References

Kapottos, M., & Youngner, S. (2015). The Texas advanced directive law: Unfinished

business. The American Journal of Bioethics, 15(8), 34-38.

Sonderling, K. E. (2008). POLST: A Cure for the Common Advance Directive-It’s Just What the

Doctor Ordered. Nova L. Rev., 33, 451.

Wardle, S. W. (2012). The advance directive statute revisited. U