Now more than ever, people are seeing the importance of drafting a Living Will and designating a Healthcare Surrogate as part of their estate planning. No matter how healthy anyone might be, unforeseen events can and do occur. A Living Will outlines the cessation of life sustaining measures during end of life care, and a Designation of Healthcare Surrogate, also known as a Medical Proxy or Medical Power of Attorney, designates a person you trust to make your healthcare decisions for you should you be unable to, as with a sudden debilitating illness or accident.
“Recently, quite a few people have contacted me to draft or update their Living Will to include specific intubation and ventilator provisions,” says Elder Law and Estate Planning attorney Christina Campbell. “As more people recognize the application of these emergency procedures, many are choosing to include them in their care.” Ms. Campbell says that in the past, many people assumed these procedures only prolonged an inevitably bad outcome. “Now that we see patients who have been intubated and ventilated leaving the hospital, many people are deciding to include those treatment options should the need arise.”
Documents to Consider as Part of Your Plan
Every estate plan should include something called Advance Directives, which are legal documents that state your decisions about which medical treatments you receive, reject or discontinue. Florida recognizes two forms of Advance Directives, a Living Will and a Designation of Healthcare Surrogate, which is the document that nominates your chosen healthcare surrogate. Your Advance Directives formalize your medical wishes and the person you trust with the legal authority to make decisions for you – but only if you are mentally or physically unable make them for yourself. “People sometimes worry that having a healthcare surrogate surrenders their decision-making power to someone else, but that is not the case,” says Wills, Trust and Estate Law attorney Jeffrey P. Skates. “Your Advance Directives go into effect only when you are deemed medically incapable of conveying your wishes. Your Living Will outlines the measures that you want to receive, or elect to reject, designated to save or prolong your life. Your Advance Directives ensure that you remain in control of your care, even in times when you are incapacitated.”
Are Your Advance Directives Up-to-Date?
If you have Advance Directives in place, well done. But if it has been a while since you looked at them, you may want to review them to be sure that:
You wish to keep the same person as your Healthcare Surrogate. You should consider having at least one other person named on the form (you can name several in order of preference) in case your first designee is unable to perform this duty
You want to maintain the same orders regarding intubation, ventilation and other proposed lifesaving measures
For caring, professional assistance creating a Living Will and designating a trusted Designation of Healthcare Surrogate, call on the experienced Wills, Trust and Estate Law team of McLin Burnsed. We put the power in your hands, where it belongs.