Creating an advance directive for health care (or “living will”) is a critical part of estate planning. Even young, healthy adults who aren’t ready to create a will, trust and other documents that address how they want their assets disbursed when they die can benefit from an advance directive.
These are typically used when someone is critically ill or injured and cannot communicate. An advance directive should address things like under what conditions you no longer want life-prolonging measures continued if there’s no chance of regaining consciousness or interacting with the world. It can save loved ones from the burden of heart-wrenching decisions or battling about what they think you would have wanted.
In addition to an advance directive for health care, it’s important to choose a health care surrogate. This is someone you give legal authority to interact with your medical team to ensure that your wishes are honored and perhaps make the final decision about removing life-sustaining equipment. A surrogate typically has the right to information about a patient’s condition and to make other decisions around care and treatment if they can’t.
What if you don’t have an advance directive or surrogate?
If a person has neither of these things, or even if they have an advance directive but no named surrogate, Florida law determines who medical providers rely on to make decisions on their behalf. First, they’re to consult with the spouse or any judicially appointed guardian. If someone has neither of these, they need to consult with any adult children. If there’s no spouse or children, they’re to go to any living parents and finally to siblings.
If someone has none of these family members or they can’t be located, providers are to find another adult relative “who has exhibited special care and concern for the patient…has maintained regular contact with the patient and who is familiar with the patient’s activities, health, and religious or moral beliefs.”
Not everyone is close to their relatives or wants any of them making potentially life-or-death decisions. They might prefer that a close friend or long-time partner have the responsibility.
It’s crucial to name a surrogate (and alternates) who are willing to take on the responsibility if needed and are comfortable advocating for your wishes. You also want someone who is objectively capable of doing the job. With experienced estate planning guidance, you can make the best choices for yourself and ensure that the appropriate documents are in place if they are ever needed.