Understanding Advance Healthcare Directives
In a medical emergency or other critical healthcare crisis, many people are incapable of making decisions regarding their healthcare. If incapacitated by an injury or the progression of an illness, they may not be able to express their healthcare wishes and may not receive the care they desire. Interpreting the wishes of a loved one who is suffering can be incredibly difficult for those around them, and this often leads to confusion, anxiety, and medical decisions that may not be satisfactory to the patient.
Therefore, many people choose to create advance healthcare directives and documents to clearly express their wishes regarding healthcare in an emergency or end-of-life event. These documents can be a guiding light to both healthcare professionals and concerned loved ones who are trying to interpret a patient’s will when the patient is unresponsive. For more information on how to craft an advance healthcare directive, consider speaking with an experienced Florida estate planning attorney from Loughlin Law, P.A. by calling (561) 677-8384.
What is an Advance Healthcare Directive?
Advance care planning is the process of outlining one’s will for an emergency or end-of-life scenario. If a person becomes seriously ill or critically injured, advance healthcare directives help ensure that the care received aligns with their wishes.
In addition to having a written legal document to provide guidance and direction in a crisis, many people also have conversations with their loved ones to ensure they are prepared to enact their wishes in a crisis scenario. Clear communication can be an effective part of advance care planning, along with clear documentation.
Types of Advance Healthcare Directives
Since healthcare crises are rarely simple matters, there are several different documents to be aware of when considering advance care. Each one addresses a different aspect of advance healthcare, and individuals may need to file multiple to ensure their wishes are followed.
Medical Power of Attorney
Appointing a medical power of attorney, occasionally called a healthcare proxy, surrogate, or agent, is a valuable step in advance care planning. A healthcare proxy is empowered to make medical decisions on behalf of the individual. Many people choose their spouse or a trusted friend to be their agent, as they want someone they trust will carry out their healthcare preferences.
Living Wills
A living will is another important document in advance healthcare planning. A living will is similar to a last will and testament, however it may take effect before the death of the testator. This allows the living will to provide guidance and instructions for the individual’s care if the individual should be incapacitated or unable to express their desires.
DNR, DNI, and DNH
Separate from living wills and medical powers of attorney, individuals may also express their wishes to abstain from resuscitation, intubation, or hospitalization. If an individual does not wish for these things, they can file a Do Not Resuscitate, Do Not Intubate, or Do Not Hospitalize form. While these wishes may be expressed in a living will, it may also be beneficial to file these forms separately so they appear on the individual’s medical record for ease of access to medical professionals.
For more information on the varying types of advance healthcare directives and the implications of each, consider speaking with an experienced estate planning lawyer from Loughlin Law, P.A.
Preparing a Living Will
A living will can be extremely helpful for advance healthcare planning. This document covers the implementation of processes such as CPR, ventilators, pacemakers, ICDs, and artificial nutrition or hydration. By creating a living will, one can specify which procedures they are comfortable with and which they would prefer to avoid.
Preparing a Durable Power of Attorney for Healthcare
Appointing a healthcare representative such as a healthcare proxy, agent, representative, or surrogate may require a durable power of attorney for healthcare. When an agent’s authority is durable, it continues even when the one granting agency is incapacitated. This is generally effective for estate planning, as most of the decisions this agent would make would occur after the one granting agency is incapacitated.
Some people may also establish a general or financial power of attorney, which would allow a surrogate to make financial decisions like paying bills, covering expenses, making bank deposits and withdrawals, and other financial decisions. This may extend to paying for medical treatment but does not give the agent any authority to make healthcare decisions.
Preparing a durable power of attorney for healthcare can be quite simple. This generally consists of choosing a surrogate or agent and deciding what decisions they should be empowered to make. After this, one must fill out the proper forms for the Florida government and have them officially notarized.
What Are Florida’s Requirements for Medical Power of Attorney?
Florida’s regulations on who can be appointed as a healthcare proxy are generally straightforward. Powers of attorney must be over eighteen years of age and sound mind, and if they are, they are eligible for power of attorney for healthcare.
However, many consider it unwise to give powers of attorney to individuals who have conflicts of interest. An individual’s healthcare provider or the operator of the individual’s healthcare facility or residency is generally not recommended for this position. In addition to that, it may not be wise to appoint an employee, employer, or an individual who is already a healthcare proxy for numerous people. Choosing the right healthcare proxy can help ensure that the highest quality care is received.
Frequently Asked Questions
Listed below are some of the frequently asked questions regarding advance healthcare.
Who Needs an Advance Healthcare Plan?
Advance care planning is not just for the elderly and infirm, as accidents and injuries can happen to anyone. Having an advance healthcare plan can be a benefit to anyone.
What Happens If I Do Not Have Advance Healthcare Directives?
Without advance healthcare directives, the state laws of the area will generally determine who may make decisions for an individual. This process generally defaults to the individual’s spouse, parents, or adult children.
Contact an Experienced Florida Estate Planning Lawyer Today
Being prepared for the unknown when it comes to medical emergencies or other healthcare developments can be incredibly helpful, saving loved ones from confusion, avoiding unwanted medical expenses, and ensuring that the patient receives their desired care. A skilled estate planning lawyer from Loughlin Law, P.A. can help craft effective advance healthcare directives for the benefit of you and those close to you. Schedule a consultation today by calling (561) 677-8384.
