If you have considerable assets, that may be the focus of your estate planning. However, it’s critical not to overlook estate planning documents that will help protect your wishes and interests should you become incapacitated.
Every adult should have a health care advance directive (commonly called a living will). In this document, you can state your wishes in case you’re ever gravely ill or catastrophically injured. These wishes largely involve end-of-life care.
For example, under what circumstances would you prefer not to be kept alive by machines? By designating your wishes, you can make things a little easier for your loved ones and save them the burden of determining when to end life-prolonging measures.
The role of a health care proxy
Just as important as having this advance directive is naming a health care proxy who will have the legal authority to get information on your condition from your medical team and make decisions regarding your care based on the information in your directive. Proxies also typically have the authority to make decisions in situations not covered in the directive that may arise.
Having a directive and naming a proxy can help prevent family conflict if loved ones have different ideas about what they think is right for you because you’ve already expressed your wishes and named the person you want to “speak” for you.
What if you don’t have an advance directive and proxy?
Under Florida law, if a patient is unable to communicate and has no designated health care proxy, medical providers are required to turn to their spouse (or judicially appointed guardian if they have one). If the patient has neither, they need to turn to the following (in this order):
- Adult child(ren)
- Parent(s)
- Adult sibling(s)
- Other adult relative “who has exhibited special care and concern for the patient and who has maintained regular contact with the patient and who is familiar with the patient’s activities, health, and religious or moral beliefs”
If there are no adult relatives, next in line is a close friend and finally a clinical social worker. As you get farther down the line, you can see where the person speaking for you may not be the one you’d have chosen.
That’s why it’s wise not only to have a health care advance directive — and make sure the appropriate parties (including medical providers) have copies. It’s also essential to name a health care proxy and at least one alternate. By having experienced estate planning guidance, you can help ensure that these documents are legally valid and reflect your wishes.
