Estate planning isn’t just about detailing who will inherit your assets when you’re gone. Some documents, like a health care advance directive (often known as a living will), are important for all adults to have in place in case a serious injury or illness leaves them unconscious or otherwise able to make important decisions.
By putting an advance directive in place, you can codify your wishes for things like what life-prolonging measures you do or don’t want taken if doctors determine there’s no chance of recovery. This can save your loved ones from having to wonder what you would want or battling with each other over what is best for you.
In addition to putting this directive in place, it’s also crucial to choose a health care surrogate (and at least one alternate). This is the person you choose to oversee your medical care, advocate for your stated wishes and make the final decisions if you’re grievously injured or ill.
What if no surrogate is named?
If a person has no advance directive and designated surrogate, Florida law dictates the order in which medical providers must turn to others to make decisions if they’re unable to speak for themselves. This is as follows:
- Spouse or judicially appointed guardian (if there is one)
- Adult child(ren)
- Parent(s)
- Adult sibling(s)
If someone has none of these living family members or they can’t be reached, medical providers are directed to find another adult relative “who has exhibited special care and concern for the patient and who has maintained regular contact with the patient and who is familiar with the patient’s activities, health, and religious or moral beliefs.”
A chosen surrogate doesn’t have to be a relative
Although the list reflects how closely related people are, it may not align with how close they’ve been or whether or not the relative knows the wishes of the patient.
That’s one reason it’s important to choose your own health care surrogate. Then there’s no question about who will be making the necessary decisions. You don’t have to choose someone in your family. It can be a close friend or romantic partner to whom you aren’t married. Whomever you choose should give their consent to having this responsibility and be comfortable with your wishes.
While no one wants to contemplate the possibility that they could end up in a dire medical situation, with experienced estate planning guidance, you can have peace of mind knowing you have the necessary documents in place in case and that you’ll be in good hands if the unthinkable happens.