Why it is Important to Designate a Health Care Surrogate in Florida
The right estate plan should be truly comprehensive. It should protect you no matter what tomorrow might bring. For that reason, you should designate a health care surrogate as part of your estate plan. It is not uncommon for people to deal with a period of temporary (or permanent) incapacity—especially near the end of life. Here, our St. Petersburg estate planning attorney explains why it is so important to designate a health care surrogate as part of your plan in Florida.
What is a Health Care Surrogate in Florida?
As a starting point, it is important to understand what a health care surrogate is and how it actually works in Florida. Broadly explained, your health care surrogate is the person that you legally appointed to make medical decisions on your behalf if you are unable to do so. The designation must be made through a written document that fully complies with Florida law. Your surrogate can:
- Speak with doctors;
- Review your medical records; and
- Authorize or refuse specific treatments in accordance with your wishes.
Why You Should Always Include a Health Care Surrogate as Part of Your Estate Plan
While it may be uncomfortable to think about, the reality is that there may come a time when you cannot make your own financial, legal, or even health decisions. It is especially common towards the end of life—though, temporary incapacity could happen at any time. For that reason, every person should set up a health care surrogate as part of their estate plan. It is an important step. Medical emergencies can happen suddenly. If you are unable to communicate, your doctors will turn to the person who you have legally designated to make decisions on your behalf. Without this document, your loved ones may face confusion, conflict, or even legal hurdles when trying to ensure you get the care you would want. Naming a trusted surrogate:
- Ensures that a reliable person is empowered to make decisions;
- Reduces the risk of conflict and confusion among your loved ones; and
- Provides you with legally reliable peace of mind.
An Attorney Can Help You Designate a Health Care Surrogate the Right Way
Under Florida Statutes § 765.202, there are specific legal requirements that must be satisfied to set up a health care surrogate. Designating a health care surrogate may seem straightforward, but doing it the right way involves careful planning. Do not go it alone. An experienced St. Petersburg, FL estate planning attorney can ensure your designation complies with Florida law and that the documents that you put in place clearly outlines your wishes. Your attorney can also help you choose the right person—someone trustworthy, reliable, and able to handle potentially difficult decisions.
Contact Our St. Petersburg, FL Estate Planning Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorney has extensive experience with health care surrogacy. If you have any questions about the designation of a health surrogate, please call us now or contact us online for a fully confidential, no obligation initial consultation. With an office in St. Petersburg, we provide estate planning services in Pinellas County and beyond.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.202.html
