Just over 20% of the Florida population is over the age of 65. With such a large aging population, it is more important than ever for people to have frank conversations with their loved ones about preparing a will and other estate documents. One of these important documents is a healthcare surrogate form.
This crucial designation is helpful to more than just the aging Florida population. Find out why having this important legal document is more important than ever.
What is a Healthcare Surrogate?
A healthcare surrogate is someone that you designate to make important healthcare-related decisions on your behalf should you become unable to make those decisions yourself. This person will make decisions should you suffer an accident that renders you incapacitated. They will also step in when facing end-of-life care due to disease or old age.
Your surrogate designation will remain in effect until it is revoked or if you dictate a termination date. This enables you to have a surrogate speak on your behalf for as long as you need one or permanently.
Why do I Need a Healthcare Surrogate?
Every adult should have one person named as their healthcare surrogate because you never know what the future holds. Having a trusted person designated to make decisions on your behalf ensures you receive the medical care that you would choose for yourself.
Choosing a surrogate in advance gives you an opportunity to speak with your chosen individual. Have a frank conversation about your values and preferences. Let them know how you would want certain situations handled. That way, they are prepared to act as your surrogate should the need ever arise.
Some people choose to also name an alternate surrogate. That way, if their first chosen person can’t step into the role, the alternate can take their place.
What Happens if I Don’t Have a Healthcare Surrogate?
If you don’t have a surrogate, then you are left with the state and the court system choosing someone to make important medical decisions for you. This person may or may not make the choice that you would make for yourself. You also won’t have a chance to speak with them to explain your wishes. This could result in them making a choice you don’t agree with, despite having the best of intentions.
Should you become incapacitated without a surrogate named, Florida state law dictates a list of people who are eligible. The court will work its way down the line in order of eligible people.
- A court-appointed guardian (if you have one)
- Your spouse
- Your adult child or children
- Your parent or parents
- Your adult sibling or siblings
- A close relative who has exhibited special care/concern for you and has maintained regular contact
- A close friend
- A clinical social worker
Additionally, HIPAA laws prevent doctors and other healthcare providers from divulging medical information to a person’s loved ones. This can leave family and friends feeling like they are in the dark about their loved one’s care. A properly executed surrogate form can prevent this by allowing the designated surrogate to speak with the medical professionals.
Who Should I Choose as My Healthcare Surrogate?
You should choose someone that you trust to be your healthcare surrogate. They need to be a competent adult over the age of 18 who is legally, physically, and mentally able to carry out your best wishes. The person you choose needs to be comfortable with making life and death decisions and be willing to respect your wishes.
Prepare Your Healthcare Surrogate Designation
If you already have a will and power of attorney prepared, then you have a solid start on your estate planning documents. However, if you are missing a healthcare surrogate, then you are missing a key element. The time to prepare this document is now when you don’t need it.
Request a consultation today and speak with one of our skilled attorneys to prepare the documents necessary to name your healthcare surrogate.
