Do I really need to a have a living will, durable power of attorney, designation of a health care surrogate and designation of a preneed guardian?

Yes.  These documents are typically designated as “Advanced Directives” because they state your wishes in regards to many different aspects of your life in the event you are unable to make those decisions yourself.  A living will directs hospitals and doctors to remove you from machines that are artificially prolonging your life if you have been deemed in a persistent vegetative state, an end-stage condition, or a terminal condition.  It is important to note that you should also have a Do Not Resuscitate (DNR) order that states the same instructions as your living will because first responders, such as paramedics, deal with DNRs, not living wills.  Without a living will, your family and friends may not be able to carry out your wishes in terminating artificial life support.

A durable power of attorney is a crucial document and you should pick your agent very carefully.  A durable power of attorney is an instrument by which you can empower another individual to act on your behalf.  A durable power of attorney can survive your incapacity or incompetency and can be effective either immediately or it can become effective only when you become incapacitated or incompetent.  Under Florida law, a durable power of attorney is effective until it is revoked.

Although a durable power of attorney can contain language authorizing the agent to make healthcare decisions for you, Florida law has created a healthcare surrogate designation to specifically deal with healthcare authority.  The healthcare surrogate designation allows you to name the individual(s) you want to make healthcare decisions for you in the unfortunate event that you are unable to make them for yourself.  A designation of a preneed guardian permits you to name an individual that you would like appointed as your guardian if you were to ever need a guardian.  Naming a preneed guardian can be important because a guardian can have control over both you and your finances and if you do not name who you wish to serve as your guardian, the court will appoint an individual to serve as your guardian.