A health care advance directive (commonly known as a living will) is among the most important estate planning documents a person of any age should have in place. Too often, however, people don’t bother with one. They simply tell their loved ones (or assume they know) under what conditions they would and wouldn’t want to be kept alive if they suffered a catastrophic injury or illness.
By codifying your personal wishes, however, you help to ensure that they’ll be followed if you ever end up in a situation like this – or even if you reach a ripe old age and are at the end of your life. Just as important as the advance directive is naming someone to be your health care proxy.
The role of a health care proxy
When properly codified in your estate plan, your health care proxy will have power of attorney (POA) over your medical decisions if you’re unable to make them yourself. While they have an obligation to follow your advance directive, it’s critical that they can make decisions in circumstances not be covered in your directive.
What if you don’t name a health care proxy?
Under Florida law, if a patient is incapacitated and has no designated health care proxy, medical providers must turn first to their spouse (or judicially appointed guardian) if there is one. If someone has neither, they must find the next closest relative (in the following order):
- Adult child(ren)
- Parent(s)
- 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”
The problem is that people sometimes have little or no relationship with those with the closest familial connection. By choosing your health care proxy (and at least one alternate), you can help ensure that someone you know and trust will be making these crucial decisions. You also minimize the potential for conflict among family members who think they know better.
It’s crucial to choose carefully. Among the questions to consider are things like:
- Do they understand your beliefs and values?
- Do they feel comfortable advocating for your stated wishes?
- Can they quickly and effectively process information and make decisions?
- Are they not easily intimidated (by relatives or doctors)?
Of course, you should never name someone without getting their full, informed consent.
With experienced estate planning guidance, you can achieve greater peace of mind knowing that you’ll be in good hands if and when the time comes that you need someone to advocate for your medical care or end-of-life wishes.
