If you are 18 years old or older, you need advance directives. Having advance directives is one of the most adult-like things any adult can do. It is adulting at the highest level.
But why?
Executing advance directives in Florida shows that you recognize a world outside yourself. A world that requires planning, guidance, and decision-making for all the “what ifs” in life. While we all hope that the pages of these legal documents stay safely tucked away until old, old age, there is always the possibility that your family will be faced with a crisis involving you and your care.
Why are Advance Directives So Important?
In short, advance directives for healthcare are the foundation of how you communicate your wishes when you can no longer speak for yourself. Your friends, family, and medical providers can respect your medical care decisions when they have been clearly outlined in appropriate documents. Be the first to start these essential conversations in your family and learn more about the wishes of others too.
Understanding your wishes and the wishes of others can go a long way toward relieving stress and guilt during a medical crisis. While you might think these are difficult conversations, they can bring to light surprising information about those closest to you. Open up now and avoid guilt, uncertainty, and arguments during the most difficult times in the future.
Advance Directives and Other Important Documents
- Last Will & Testament: a written document signed in the presence of two witnesses that is submitted to the court to ensure your assets are divided up appropriately.
- Trust: allows you to provide legal authority to a person or entity to manage your finances in the best interest of your beneficiaries.
- Healthcare Surrogate: the person you choose to make medical decisions for you if you are unable. This individual should be willing to speak on your behalf, know you well, and understand what is important to you. In Florida, you can have your Surrogate able to act immediately upon signing or wait until you lose capacity to act. It is wise to discuss what is best for you with your Elder Law Attorney in Florida.
- Pre-need Guardian: a written declaration signed in the presence of two witnesses that declares who you want to make medical and financial decisions for you in the event you become incapacitated and subject to Guardianship Court.
- Durable Power of Attorney: designates the person you trust to make decisions for you in the event you are unable to or you become incapacitated. This document covers a broad range of legal and financial matters including banking, managing property sales and investments, and handling retirement benefits. In Florida, the Durable Power of Attorney goes into effect once signed so the person you designate can act on your behalf immediately.
Why Do I Need a Pre-Need Guardian AND a Power of Attorney?
With a proper Durable Power of Attorney in Florida (not a DIY form), you would have a trusted agent acting for you and never need guardianship. However, if you ever find yourself in guardianship court, the judge will ask for your Power of Attorney and Healthcare Surrogate to see that the individual you chose is acting in your best interest.
Executing both of these documents is a solid back-up plan. Why might you need a back-up?
- You didn’t sign a proper Power of Attorney, and your agent is not able to function as needed now that you lack capacity
- The person you designated predeceases you and you don’t have a backup agent
- You and your agent drifted apart and they resigned
- Your agent started acting in bad faith and stealing your money
- Your Power of Attorney didn’t specifically assign authority to act on your behalf (such as applying for public benefits or withdrawing from a life insurance policy)
In these cases, your agent may end up before a judge in guardianship court in order to apply for Medicaid on your behalf, or to release funds the way you wish. Also, if you are being scammed and giving away money, your Power of Attorney doesn’t have the authority to stop you from financially harming yourself — but guardianship does.
3 Benefits of Having Advance Directives
1. Executing advance directives helps minimize confusion.
By outlining your wishes in advance, you help your family sort through all the questions that arise when you are unable to speak for yourself. Whether it is emergency surgery, access to bank accounts, or decisions about end-of-life care, your advance healthcare directive guides your family when they most need to hear your voice.
2. Communicating your wishes can help avoid unnecessary suffering.
Do you want life-prolonging procedures? A feeding tube? Are there certain medical treatments you want to avoid? These choices are important and specific to you. Your preferences can be documented and followed by the individual you designate to make decisions for you.
Advance directives help ensure your wishes are followed even if you are in a coma, unconscious, or require end-of-life care. Your written words speak for you when you are no longer able, and allow family, friends, and medical providers to respect your wishes.
3. Advance directives remove the stress of decision-making from family and friends.
If you have never had a conversation with your family or friends about your medical treatment preferences, they will bear the burden of making those decisions for you. Living wills and healthcare surrogate designations clearly spell out your wishes and allow loved ones to take comfort in following them.
Be the hero of your family – schedule a family meeting to discuss advance care planning and choose the person who will best represent your wishes.
How Do I Document My Advance Directives?
The best way to ensure your advance directives will be valid is to have them prepared by an Elder Law Attorney. A local elder law specialist is most familiar with the laws in your state and can draft the documents to reflect your unique wishes. Different states have different requirements for these estate planning documents, so it’s important to have them done right.
This is not the time to save money with DIY forms. Office supply store templates and “legal” websites cannot create documents that meet your needs. For example, Florida requires “superpowers” within a Durable Power of Attorney to enable your agent to apply for public benefits on your behalf. You won’t find those important designations on boilerplate forms.
Find a Knowledgeable Elder Law Attorney Near You
Choose an Elder Law Attorney who is compassionate, knowledgeable, and has your best interests in mind. If you are 18 years old, this may be one of the longest professional relationships you have in life. Your elder law specialist will be with you every step of the way, updating your advance directives and legal documents with each milestone, and protecting your legacy for years to come.
A strong understanding of Florida laws and a firm grasp on how they impact clients are two reasons why Elder Law Attorneys are a Resource We Love. Learn more about how they can help you document and communicate your wishes with advance directives in the Legal and Financial Section of our Blog.
