Must Healthcare Surrogates Be Written?
There are many different estate planning tools that the law stipulates must be in writing, such as your will. Due to this, many people wonder if they must put all of their wishes in writing. Some also wonder what happens if they do not have the necessary documents in place and a critical decision must be made. This is often the case with healthcare surrogates. If there is a medical emergency and you state your wishes, will they be respected? Below, our Tampa healthcare surrogate explains.
Understanding Oral Directives in Florida
Healthcare surrogates are legal documents that allow you to designate someone you want to make medical decisions on your behalf in the event that you become incapacitated. These tools can ensure that your wishes regarding the medical treatment you do and do not receive are respected.
Like so many other estate planning tools, healthcare surrogate documents must be in writing. In addition to the written requirement, there are others, as well. These include:
- You must be of sound mind when creating your healthcare surrogate
- Your surrogate must be at least 18 years old, be of sound mind, and agree to act as your surrogate
- The surrogate cannot be your treating healthcare provider, the operator of a residential health care facility where you live, or an employee of the facility
- The document must be signed by at least two witnesses
- Witnesses cannot be the designated surrogate, your spouse, or a blood relative
Healthcare surrogates do not have to be notarized in Florida, but it is always a good idea in case it is ever disputed.
Other Benefits of Written Documents
While putting your wishes for your healthcare surrogate in writing will ensure you comply with the law and your wishes are respected, there are other reasons to formally draft the document, as well. It can ensure that your family understands your wishes and makes them easier for your loved ones to carry out.
Written instructions are also much harder to dispute than oral statements. For example, you may have told one family member about your wishes before becoming incapacitated but formally designated someone else. In the event of incapacitation, this could create a dispute between your loved ones about who can make decisions on your behalf. The courts will follow the healthcare designation you put in writing, which can minimize or avoid a dispute.
Our Healthcare Surrogate Lawyer in Tampa Can Draft Your Documents
Not only is it always recommended that you put your wishes for your healthcare surrogate in writing, but it is also important that you work with a Tampa healthcare surrogate lawyer. An attorney will ensure that your documents are executed properly so they are enforceable in the event that they ever become necessary and so that you are protected. At Messina Law Group, P.A., our experienced attorney can draft your healthcare surrogate and advise on other estate planning tools that can protect you and your loved ones. Call us today at (813) 492-7798 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
quality.healthfinder.fl.gov/report-guides/advance-directives
