Estate planning isn’t just for designating what assets your loved ones will receive after you’re gone. It’s important to draft documents to be used if you become seriously injured or ill and unable to make decisions for yourself.
One particularly helpful resource is a health care advance directive (sometimes known as a living will). This document lets you state your wishes for various catastrophic and end-of-life scenarios. For example, under what circumstances would you want life-prolonging measures discontinued? Stating your wishes can make things easier on your family and can help to protect your interests if things go wrong.
The importance of designating your proxy
Along with putting an advance directive in place, it’s important to designate a health care proxy who will have the authority to communicate with your medical team if you can’t. They will also have a responsibility to advocate for the wishes in your advance directive. Floridians often think they don’t have to name a proxy because they have a spouse and/or adult children whom they know will do what’s best. However, it’s still wise to do so – and name an alternate.
You can help prevent conflicts within the family at a stressful time if you designate whom you want to have the final word. Further, if you name your spouse or someone else close to you, there’s always the possibility that they could end up in the same condition as you (or worse) if you’re involved in a car crash or other catastrophic event together. This is why naming an alternate is wise.
Why you shouldn’t rely on the law to determine your proxy
If a Floridian doesn’t have a designated proxy, the law instructs that a proxy will be chosen from the following list. If the first one isn’t available or there’s no one in that relationship, it moves on to the next one:
- Any judicially appointed guardian
- The patient’s spouse
- Adult child(ren)
- A parent
- Adult sibling(s)
- Other 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 close friend
- Clinical social worker
You can see where this could go wrong – especially if you don’t have many living relatives or aren’t close with them. How close people are often has nothing to do with their familial relationships.
All adults can help ensure that their wishes are honored in a worst-case scenario occurs and minimize conflict and confusion by having an advance and naming a health care proxy. As you move forward, it will be smart to get legal guidance to help ensure that these documents are legally valid and accurately reflect your wishes.
