Advanced Directives and Living Wills

Many people do not realize that an estate planning attorney can help protect their health care needs as well as financial issues. One way that we help is by creating advance health care directives such as living wills.

At the Law Office of Cameron H.P. White, P.A., we take the time to educate you about these documents so you understand the choices you are making and the effects they could have on your future. We develop documents that ensure that your wishes for care and treatment will be followed if you are in a situation where you cannot communicate directly with doctors due to illness, injury, or other causes.

Advance directives protect your autonomy, and they can prevent the need for lengthy and expensive guardianship proceedings. Let’s look at what these documents are and how they work under Florida law.

Understanding Advance Directives

An advance directive is a type of legally-recognized instruction you create regarding an aspect of your health. You are giving directions in advance, so that’s why they are known as advance directives.

The term can include different types of documents. An advance directive could be used to designate someone to make medical decisions for you if you can’t make or communicate decisions on your own due to incapacity. This person is referred to in Florida statutes as a health care surrogate, but in other places, they use the term health care proxy or agent, and the document itself is referred to as a medical power of attorney.

Another type of advance directive can explain the type of care you want to receive in end-of-life situations, and this is often known as a living will. Still other types of advance directives could give loved ones authorization to access your medical information or could direct anatomical gifts.

Health Care Surrogate

We can create an advance directive that gives someone the authority to make decisions about your health care if you are unable to do so. This could prevent delays in getting treatment. It can also ensure that you receive medicines and treatment you want without any procedures that you do not want.

In this document, you name someone that you trust to make decisions for you. Unlike with guardianship, you do not lose your legal ability to make decisions about your health care. Rather, your surrogate would make decisions when you are not able to speak or communicate because of your condition.

Living Will

A living will is nothing like a traditional will. That type of document deals with your property after your death, while a living will deals with decisions about medical care while you are alive. In a living will, you can tell your doctors whether or not you want them to provide “life-prolonging” procedures if you have a medical condition that is expected to lead to your death shortly and you are not able to communicate with doctors due to incapacity.

You can tell your doctor that you want certain treatments in some situations but not others. This can be a confusing document to prepare, so we will take the time to ensure that you understand your options before making choices. In addition, if you change your mind, this and other advance directives can be changed or revoked completely.

The Law Office of Cameron H.P. White, P.A. Can Create Advance Directives to Ensure Your Wishes are Followed

No one enjoys the process of contemplating a future where they are incapacitated due to an illness or injury. But accidents happen every day, and it is best to be prepared with advance health care directives.

The team at the Law Office of Cameron H.P. White, P.A. will work with you to develop directives that express your precise wishes, so that you can remain in control of your health care choices. To learn more about the process or get started with a plan, contact us today.