DO YOU NEED A HEALTHCARE SURROGATE DOCUMENT IF YOU HAVE A LIVING WILL?

The legal terms of estate planning can be very confusing and you may find that the legal terminology changes by state, so although we hope the following information is helpful, we always recommend that you have an attorney in your state review your legal documents. Our goal is to help you to know what documents you need and why as well as what can happen if you do not have those documents in your estate plan.

Advance Directives is an umbrella term for any legal document that outlines your healthcare wishes if you become incapacitated.

ADVANCE DIRECTIVE DOCUMENTS

1.      Healthcare POA – A healthcare power of attorney (POA) is also called a healthcare surrogate in some states.  "Medical Power of Attorney" is the common term in many states, whereas "Health Care Surrogate" is the specific term used heavily in Florida and a few other jurisdictions.  A Health Care Surrogate usually activates only when a physician officially determines you lack the capacity to make your own decisions.

If you become unable to make health-care decisions for yourself, your health care surrogate can talk with your healthcare team and other caregivers on your behalf and make decisions based on the desires or orders you provided before. If you do not express your intentions in a certain situation, your surrogate or proxy will decide based on their belief about what you would want. If you regain the ability to make your own decisions, your surrogate will no longer be able to make medical decisions on your behalf.

2.      Living Will – A Living Will is a specific type of advance directive document that dictates which medical treatments or life-sustaining measures you want—or do not want—in end-of-life situations.

It is a legal document that specifies certain future healthcare decisions only if a person is unable to make them on their own. For example, a living will is only utilized near the end of life if a person is terminally ill (cannot be healed) or permanently unconscious. In these circumstances, the person’s living will specify the type of medical treatment he or she would choose. It can determine the circumstances under which a life-extension attempt should begin or end. This includes, but is not limited to, dialysis, tube feedings, other forms of life support (such as the use of breathing machines) and palliative care.  

3.      DNR Order – Most people are familiar with a do not resuscitate (DNR) order from the movies or TV or from an actual stay in the hospital.  If you have a Do Not Resuscitate order, nothing will be done to try to keep you alive if you cease breathing or your heart stops.

You can have a DNR order added to your medical record if you are in the hospital. Only request this if you do not want the hospital professionals to attempt to resuscitate you if your heart or breathing stops. You may need to inquire each time you go to the hospital because certain hospitals demand a fresh DNR order each time you are hospitalized. However, keep in mind that this DNR order is only valid while you are hospitalized. It’s a different story outside the hospital which is why you want to have a DNR order in your estate documents if that is your preference.

4.      Donor Registry Form – When making the decision to donate organs or tissues, consider the implications for your health care. If you are on life-sustaining treatment, you will need to be kept on this treatment until the procedure is complete. This can be confusing for your healthcare agent, so it is vital to state in your living will that you understand the need for this temporary intervention. By doing so, you can help to ensure that your wishes are carried out in the event of your untimely death.

Ways to Enroll in the Donor Registry

·       To enroll in the Florida organ, eye, and tissue donor registry, one method is to sign up online through the Donate Life Florida registration portal:  https://www.donatelifeflorida.org/register/

·       Alternatively, you can enroll via the National Donate Life Registry.

·       At the DMV: You can check the "Yes" box to become an organ donor when applying for or renewing your Florida driver's license or ID card.

·       Via Apple Health: iPhone users ages 18 and older can easily register directly through the Health app.

What happens if you do not have Advance Directives?

As with other legal requirements of your state, if you do not have estate documents for Advance Directives, the state will assign them.

Healthcare Proxy: A Healthcare Proxy is an individual assigned by default under state law if you have not appointed a surrogate and become unable to make decisions yourself.  It is commonly assigned to a family member.

Where to Find an Advance Directive Form?

You can visit your state government’s website for the latest up-to-date forms. Additionally, you can get free printable advanced directives forms of each state on the AARP website:  https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/

Note:  It is important to know that none of these relates to finances. To grant someone the authority to pay your bills or manage your financial affairs, you need a separate financial Power of Attorney.