Common Advance Healthcare Directives In Florida
It is not uncommon for Floridians to have strong opinions about the health care they do or do not wish to receive now, or in the future. If you ever suffer from a physical or mental incapacity, these feelings become even more important if you are not able to articulate them. Advance healthcare directives can help ensure that your end-of-life or emergency care wishes are fulfilled. Below, our St. Petersburg advance directive lawyer explains the types available in Florida.
Healthcare Surrogate
A healthcare surrogate is a legal document that designates one or more people to make healthcare decisions on your behalf if you are unable to. These documents are sometimes also referred to as a ‘healthcare power of attorney,’ but it is important not to confuse them with a ‘durable power of attorney,’ which ensures your finances, not your healthcare, are handled.
A healthcare surrogate will not allow someone to act on your behalf while you still have mental capacity. It also does not allow them to overrule your preferences. It only becomes effective when your healthcare providers have determined that you are medically incapacitated. Mental incapacitation can result from the following:
- General anesthesia is required due to surgery
- Substance abuse or rehabilitation has caused temporary incapacity
- You suffer from a chronic condition that causes cognitive decline, such as Alzheimer’s disease or another form of dementia
- You suffer from a chronic condition that interferes with your ability to communicate, such as stroke, Parkinson’s Disease, or aphasia
- Another physical incapacity, such as unconsciousness
Living Will
The majority of people prefer to include a living will in their estate planning documents. A living will states the life-saving medical treatment you do or do not want to receive. This can include if you are in a permanent vegetative state, are terminally ill, or have an end-of-life condition that is irreversible and that two or more doctors agree there is no reason to hope that you will recover. Your living will can provide your healthcare surrogate with guidance, relieving them of the burden of having to decide whether to start, continue, or terminate treatment to save your life.
DNR Orders
Do Not Resuscitate (DNR) orders specifically state that you do not want aggressive or invasive life-saving treatment. The purpose of these documents is to prioritize your quality of life over the duration of your life. These documents are not drafted by your attorney. Instead, these documents are signed by you and your doctor. If a DNR is created after you lose mental capacity, your healthcare surrogate can sign this document on your behalf.
Our Advance Directive Lawyer in St. Petersburg Can Draft Your Documents
Advance directives are an important part of many estate plans but like other documents, they must be executed properly in order for them to be effective. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyer can draft your important documents and ensure they are enforced in the event that you ever need them. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.
