Although no one can predict the future, there are ways to guide how it unfolds, namely through comprehensive estate planning. By creating a robust estate plan, Floridians can take control over how their finances and assets are distributed, as well as how their end-of-life medical care is handled. One of the most powerful ways to establish those medical wishes is through the designation of a health care surrogate.
As a leading estate planning law firm in Boca Raton, Lappin Estate Planning has helped countless clients achieve peace of mind through the designation of a health care surrogate. Keep reading to learn more about healthcare surrogates and how they play a crucial role in comprehensive estate planning.
How Lappin Estate Planning Supports You
Lappin Estate Planning offers several key offerings to assist our clients in creating comprehensive estate plans that prioritize their needs and protect them from unforeseen complications. Our services include the following:
- Initial consultation & information gathering. During our initial consultation, we will explain the role of a healthcare surrogate and how this designation fits into your overall estate planning needs. We’ll ask questions about your medical values, pertinent religious or cultural beliefs, your preferred healthcare interventions, complex family dynamics, and more to design the most advantageous plan for your situation.
- Customized legal solutions. When it comes to estate planning, a one-size-fits-all approach doesn’t cut it. Our law firm is committed to drafting a customized designation of health care surrogate to fit your specific needs, along with other useful documents like a living will and a HIPAA authorization, to protect your wishes.
- Proper execution and legal compliance. We will supervise the formal signing of your designation of health care surrogate form to ensure it complies with Florida State law and will remain legally enforceable.
- Excellent communication. We will take the time to fully and clearly explain the process so that you understand what you’re signing and provide counsel on how to discuss your wishes with your surrogate and loved ones.
- Ongoing review and support. Our estate planning attorneys will remind you to review your surrogate documents periodically, particularly after major life changes, and provide updates whenever necessary.
- Integration with a broader estate plan. After gaining a thorough understanding of your estate, financial situation, and healthcare wishes, we will help you establish an estate plan that protects your future and secures your legacy.
No matter the size of your estate, Lappin Estate Planning can help you design and enact a plan that addresses your medical, financial, and legal matters. Keep reading to learn how medical decision-making is a critical aspect of expert estate planning.
Introduction to Medical Decision-Making
Simply put, medical decision-making ensures that your healthcare preferences are respected, even if you are unable to communicate them yourself because of illness, a serious injury, or incapacitation. To accomplish this, we may use several key legal tools, including the following:
- Advance healthcare directive. An advance directive is a broad legal document that outlines your healthcare wishes and any healthcare-related appointments. It typically encompasses other pertinent documents, including a designation of health care surrogate, a living will, and, in some cases, a do not resuscitate order (DNRO).
- Health care surrogate. This individual, sometimes referred to as a healthcare proxy or medical power of attorney, will make medical decisions on your behalf, should you become unable to make them yourself. They can speak with your attending physician, review your medical records, and make treatment decisions according to the wishes you communicated in your designation of health care surrogate document.
- HIPAA authorizations. HIPAA authorizations allow designated individuals to access your medical records so that your surrogate and loved ones can remain informed about your condition and medical options.
These are just a few of the legal tools that underpin effective medical decision-making. In Florida, one of the most important legal documents you will use is the health care surrogate designation.
Designation of Health Care Surrogate
Designating a health care surrogate is the legal process by which an individual (called the principal) selects another individual (the surrogate) to make health care decisions on their behalf in the event they become unable to make their own decisions. This appointment is established through a designation of health care surrogate form, a legal document through which the principal communicates their wishes. Depending on how it’s written, a surrogate’s authority becomes effective immediately or only after the principal’s incapacity.
Health Care Surrogate Form and Responsibilities
When completing the designation of health care surrogate form, your attorney will make sure you communicate key information, including the surrogate’s name and contact information, your healthcare wishes and instructions, when the surrogate’s authority becomes effective, and, potentially, an alternative surrogate. Florida law requires this form to be signed by the principal in the presence of two adult witnesses, neither of whom is the surrogate. At least one of the witnesses cannot be a blood relative or a spouse.
According to Chapter 765 of the Florida Statutes, a healthcare surrogate’s responsibilities include consulting with medical providers about your care, authorizing or denying medical treatments, and accessing your medical records. Your designated surrogate can also make decisions about life-prolonging procedures, organ donation, and long-term care options.
Creating a Comprehensive Plan
When you’re ready to create a comprehensive health care surrogate plan in Florida, Lappin Estate Planning is here to help. A dedicated attorney will guide you through the following key steps:
- Selecting the right surrogate, a competent person who understands your values and can confidently advocate for your wishes, even in times of stress
- Deciding when the surrogate’s authority begins, either immediately upon signing or only if you become incapacitated
- Documenting your wishes, including your preferences about life-prolonging treatments, organ donation, and end-of-life care
- Signing a HIPAA release form legally permits the surrogate to access your medical information
- Communicating your wishes in conversations with your surrogate, family members, and close friends about your preferences, so they understand your values and priorities
- Executing your designation in the presence of two adult witnesses, neither of whom is the surrogate,e and at least one of whom is not a blood relative or spouse
- Periodically reviewing your designation, particularly after major life events such as divorce, marriage, children, a new diagnosis, etc.
Designating a healthcare surrogate requires careful consideration. It’s important to work closely with a Florida estate planning lawyer to ensure your designation is legally sound and enforceable.
Choosing the Right Surrogate
Your medical surrogate is responsible for making life-altering decisions when you are at your most vulnerable, which is why choosing the right surrogate is essential. Make sure the person you appoint is someone you trust, can handle stressful situations, has a firm grasp of your values and preferences, and possesses great integrity. Selecting the wrong surrogate can result in a highly chaotic, stressful, and emotional experience for you and your loved ones, making an already difficult time even harder.
Why Naming a Healthcare Surrogate Matters
Although some people are lucky enough to pass away quietly in their sleep, many people go through prolonged health struggles. In many cases, illnesses and injuries diminish a person’s capacity to effectively communicate their healthcare preferences, which is why the responsible designation of a healthcare surrogate is so essential.
Contact Lappin Estate Planning Today
No one can truly anticipate their end-of-life needs, but establishing a designation of healthcare surrogate can help ensure that your wishes are carried out. Ready to get started? The legal advocates at Lappin Estate Planning are here to help. Reach out to us online to schedule an initial consultation today.