Do You Need a Health Care Surrogate if You Have a Living Will?
As part of your estate plan in Florida, you should have advance medical directives. A living will is a key document that will help to ensure that your wishes for health care are followed even if you are not able to give input. Even if you have a living will, it is strongly recommended to also designate a health care surrogate. Within this article, our St. Petersburg estate planning lawyer explains why it is still important to set up a health care surrogate even if you have a living will in place.
A Living Will is a Great Starting Point
A living will is one of the most important advance health care directives. It allows you to document your wishes regarding end-of-life medical treatment, such as resuscitation, life support, or artificial nutrition and hydration. When you create a living will as part of your estate plan in Florida, you reduce uncertainty for your family and medical providers. They will know what type of care you do or do not want in critical situations. In Florida, a living will provides legal authority for doctors to follow your preferences.
A Living Will is Not Enough (Health Care Surrogacy Matters)
While valuable, a living will cannot address every medical situation you may face. For that reason, a living will is not comprehensive or health planning. The reality is that medical emergencies often involve decisions that fall outside of end-of-life care instructions. You need to be fully prepared. Florida law allows you to name health care surrogates. You may also hear a health care surrogate referred to as health care power of attorney or medical power of attorney. A surrogate has the authority to step in and make decisions on your behalf if you are unable to do so. Without one, disputes can arise among family members or medical providers may have no clear direction.
Note: Your health surrogate cannot override the instructions within your living will.
How a Health Care Surrogate Can Protect You
By appointing a health care surrogate, you put a trusted person in charge of your medical decisions when you cannot act for yourself. Unlike a living will, which only provides written instructions, a surrogate can adapt to real-time medical circumstances. They can speak directly with doctors, review treatment options, and consent to or refuse care in line with your preferences. A St. Petersburg estate planning attorney can help you set up the right health care surrogacy documents.
Contact Our St. Petersburg Estate Planning Lawyer for Advance Directives Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorney has the knowledge, skills, and legal experience that you can count on for help with an advance directive. If you have any questions or concerns, please do not hesitate to contact us today for a confidential consultation. From our St. Petersburg office, we provide estate planning services in Pinellas County and across the region.
