Common Types of Advance Directives in Florida
Many people in Florida have strong preferences regarding the medical treatment and care they do or do not receive. These preferences become even more important when you suffer a mental or physical incapacity and cannot communicate your wishes on your own behalf. There are many different types of advance directives that can provide protection at the end of life or in the event of incapacitation. Below, our Tampa advance directives lawyer explains some of the most common types.
Health Care Surrogate Designations
A healthcare surrogate designation is a document that appoints another person or people to make medical decisions on your behalf if you are unable to make them yourself. These documents are sometimes called a ‘healthcare power of attorney’ but it is important not to confuse them with a durable power of attorney, which gives someone authority over your finances. Healthcare surrogate designations do not allow your loved one to overrule your wishes or work alongside you. They are only triggered when a medical professional has deemed that you are incapacitated.
Health Care Proxies
If you become incapacitated before designating a healthcare surrogate, state law in Florida allows loved ones to act as your health care proxy. There is an order of priority and it is as follows:
- Legal guardians
- Spouse
- Adult children
- Parents
- Adult siblings
- Adult relatives who have expressed special concern
- Close friends
- Clinical social workers, in some situations
Guardian Designations
Guardianship is a court-supervised process during which a caretaker is appointed to care for someone who is incapacitated. Legal guardians can be individuals or professionals appointed by the court to manage your care. Legal guardians have first priority to act as guardians. To ensure you trust the person controlling your care, you can designate a guardian while you are of sound mind so the courts do not make the final decision.
Living Wills
Living wills in Florida are another type of advance directive that many people want to include in their estate plan. A living will generally stipulates that you do not want emergency measures taken to keep you alive if you are in a permanent vegetative state, terminally ill, or have an end-of-life stage condition that is irreversible. Two doctors must agree that there is no reason to hope for a recovery. Like other types of advance directives, living wills can help your family make hard decisions during a very difficult time.
Our Advance Directives Lawyer in Tampa Can Draft Your Documents
The above are just a few of the most common types of advance directives in Florida. Choosing the ones you want to include in your estate plan, and ensuring they are executed properly is not easy, though. At Messina Law Group, P.A., our Tampa advance directives lawyer can advise on your case and draft documents that will be upheld by the courts so your wishes are fulfilled. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.401.html
