Florida law states that every competent adult has the fundamental right of self-determination regarding decisions about their own health. This includes the right to choose or refuse medical treatment. Do you have advance directives that outline your wishes?
Living wills and advance directives for medical care allow you to outline your wishes before a crisis occurs that may leave you unable to speak for yourself. These documents ensure your wishes are followed. There’s still time – let’s end the year strong with the documents that will bring peace of mind in 2024.
Why Do I Need Advance Directives?
Advance directives are a gift you give yourself – and others. It’s peace of mind for you, knowing your wishes will be followed. Imagine the peace of mind for your loved ones – hearing your voice in a difficult time through the directives you put in place.
Without advance directives, you could be at the mercy of people you wouldn’t necessarily want to make decisions for you. If you are married, it could be your spouse. If you are single, it could be a parent or sibling – even if you haven’t spoken to them in years. (That thought may inspire you to make some choices…)
What are the Most Important Advance Directives?
Everyone can benefit from basic estate planning documents. These advance directives outline what to do with your person and your property. If you are thinking you don’t have an “estate” or sizeable assets, think again. You are your greatest asset – and you need protection.
Most Important Documents
Durable Power of Attorney
Living Will & Health Care Surrogate
Pre-need Guardian
1. A Florida Durable Power of Attorney should be dated after 2011.
A Durable Power of Attorney designates someone to act on your behalf for financial and legal matters. This could include your real estate, bank accounts, and investments so choosing someone with some financial savvy is helpful. The individual empowered by this document should be someone you trust. Florida law changed drastically in 2011, so it is important your Durable Power of Attorney is signed and dated after those significant changes.
2. Your living will and health care surrogate direct medical decisions.
Nobody wants to have uncomfortable conversations about death and dying. Wrap up all those challenging talks in these two documents and you will ensure that your family knows your wishes in the event you need medical treatment and can’t advocate for yourself. These talks may be hard, but they are immensely important.
92% of people believe talking with their loved ones about end-of-life care is important.
32% of people do so.
97% of people say it is important to put their wishes in writing.
37% of people have written documentation.
Source: The Seattle Times
The living will outlines the treatment you want – and don’t want – if you are in a life-threatening situation and can’t speak for yourself. This document spells out the medical treatments you would and would not want to keep you alive. CPR (cardiopulmonary resuscitation), mechanical ventilation, tube feeding, dialysis, and comfort care (palliative and hospice) can be addressed in the document. Talk to your doctor if you have any questions about the medical decisions in a living will.
The health care surrogate designates the person you want to make medical decisions for you if you are unable to. This is your person – the one who will advocate for you if there are disagreements about your care. Documents can’t address every medical possibility, so you want to choose someone who is willing and able to have end-of-life discussions and has good judgment in unanticipated situations.
3. A Pre-need Guardian protects you in case of incapacity.
A pre-need guardian is someone who takes care of our health and financial matters in the event you are deemed incapacitated by the courts. Like a health care surrogate and power of attorney in choosing a decision maker, this document goes one step further by declaring to the court that you have already chosen the individual to be guardian of your person, property, and any minor children in your care.
If you have a power of attorney and health care surrogate, it is likely you may never need guardianship. However, there are situations and circumstances that may warrant guardianship, and you want to be prepared with a pre-need guardian. A guardianship provides more expansive powers than that of the power of attorney or health care surrogate.
I Have My Advance Directives – Now What?
You’ve made a huge step in carving out peace of mind for you and your family by executing advance directives. However, this is not the last you will see of these documents. Thankfully, these dynamic documents grow and change with you, so as your needs change, your documents can easily be amended.
Tell your people.
When you designate someone as your power of attorney, pre-need guardian, or health care surrogate, let them know. Preferably, you have already talked to them about your preferences and values, so the designation is not a surprise. Most likely this person knows you well and will accept the role without hesitation.
Review plans regularly and update them.
Life happens. If you executed advance directives at 18 years old, your adventure had only just begun. Review your directives at any stage of life – marriage, children, retirement – and make updates. Your life changes – so can your documents.
Put all important papers in one place.
Getting your advance directives completed will give you an energizing rush to organize all your important papers! Take advantage of the feeling by getting all your important documents in one place. In a binder – in a safe – wherever you think is most accessible for the person designated in them.
Make copies for medical files.
Your medical team needs to know who you have designated to make decisions in an emergency. Provide a copy to your providers to put in your medical records. Make sure you are comfortable with your provider understanding your wishes; if there is any conflict in values, now is the time to know.
Reduce anxiety with pre-need funeral planning.
You completed your advance directives, have your paperwork in order, and talked to your medical providers – you’re on a roll! Take one more step and complete your pre-need funeral planning. Making these arrangements relieves your loved ones of making decisions during a difficult time and the financial burden of a funeral. And if you are a veteran, there are specific benefits you are entitled to that must be accessed in advance.
I’m Ready to Get My Advance Directives – Now What?
Make an appointment for a consultation with an Elder Law Attorney. Through an initial consultation, you will establish a relationship with a trusted professional who is well-versed in the state laws that affect your documents. These important decisions require experience and specialized knowledge, not DIY docs from the internet.
If you don’t have your advance directives yet, make a commitment to yourself to finish 2023 strong and get your documents done. Start 2024 with a fresh perspective and gift your family with the words they need to hear in the moments you can’t speak. Now’s the time – get an appointment scheduled today.
An Elder Law Attorney is a voice of reason in difficult times and a lifelong advocate for you and your legacy. For these two reasons and so many more, these legal experts are a Resource We Love. Learn more about their skills and services in the Legal and Financial Section of our Blog.