For many, the right to make healthcare decisions is often taken for granted. Unfortunately, you may not think twice about this right until it is taken away from you. In the event you become incapacitated or otherwise unable to make your own medical decisions, you’ll find that someone else will be put in charge of these decisions. As such, your wishes may not be honored. However, you have the ability to create a healthcare proxy to ensure you have a say in your treatment in Hillsborough County and the Tampa Bay Area. If you’re unsure what a proxy is or how to create one, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with Tampa estate planning lawyers to discuss your options.
What Is a Healthcare Proxy in Florida?
Unfortunately, there is a common misconception that estate planning only encompasses your will and trust fund. In reality, there are a number of important documents you can create to help ensure your wishes are honored regardless of your circumstances. One such document is an advanced healthcare directive, which comprises two different aspects – a living will and a healthcare proxy. Both of these are crucial to have in place in the event you are deemed medically incapacitated, meaning you are unable to make decisions or you are unable to communicate, such as being in a coma or under anesthesia.
A living will allows you to specify the kind of medical treatment and care you would or would not like to receive. For example, you may decide that you would not like to be intubated and placed on a ventilator to help your breathing. However, you may want life-saving measures like CPR to be performed.
The other aspect of this plan, a healthcare proxy, is a person you’ve appointed to make healthcare decisions on your behalf.
What Does a Healthcare Proxy Do in Florida?
- Someone legally appointed to make medical decisions for you
- They communicate with your doctor and medical providers
- This will take effect if you are incapacitated
- This ensures your health wishes are followed
Healthcare Proxy vs. Living Will
- Living will: Outlines your medical treatment preferences
- Healthcare proxy: Appoints a decision maker
- Both are part of an advanced healthcare directive
- Together, they help ensure your wishes are followed
When Do You Need a Healthcare Proxy in Florida
Any adult in Florida can benefit from a healthcare proxy. Unfortunately, many assume that only the elderly or those with serious health concerns can benefit from establishing this document. Unexpected injuries, illnesses, or medical procedures can occur that leave you unable to communicate your wishes, which is why planning ahead is critical.
Who Should Have a Healthcare Proxy?
- Adults over the age of 18
- Tampa and Hillsborough County residents undergoing medical procedures
- Individuals with serious or chronic illnesses
- Unmarried individuals who do not have a legal decision maker
- Anyone who wants control over their healthcare decisions
What Happens if You Don’t Have a Healthcare Proxy?
- Florida law determines who makes decisions for you
- A next of kin may be automatically assigned
- The court could appoint a guardian
- Your personal wishes may not be followed
How Do I Create a Healthcare Proxy in Florida?
If you wish to appoint a healthcare proxy, it’s in your best interest to create an advance healthcare directive to ensure all aspects of your future healthcare are accounted for. Typically, the most effective way to proceed is to discuss these circumstances with an experienced estate planning attorney.
Unfortunately, if you try to create this document on your own, you may make errors that invalidate your wishes.
Steps to Create a Healthcare Proxy in Florida
- Choose a trusted individual to act as your proxy
- Clearly communicate your medical wishes with the individual
- Complete a Florida advanced healthcare directive under the guidance of an experienced attorney
- Ensure your wishes are clearly documented and legally enforceable
Why Working with a Tampa Estate Planning Attorney Matters
- Ensures compliance with Florida estate law
- Helps prevent errors that could ultimately invalidate your documents
- Provides personalized legal guidance based on your unique circumstances
- Helps ensure your wishes are carefully considered and documented
Contact an Experienced Tampa Estate Planning Attorney Today
When you’re ready to take your future healthcare into your own hands, it’s imperative to connect with an experienced attorney with Tampa Law Group. Our firm understands how overwhelming these matters can be to navigate in Hillsborough County and the surrounding area, which is why our team is here to help. Contact us today to learn how we can fight for you.
