The Role of Advanced Health Care Directives in Orlando Estate Planning – Ensuring Your Wishes Are Honored

What Are Advanced Health Care Directives?

Advanced Health Care Directives are legal documents that allow you to convey your decisions about end-of-life care ahead of time. They provide a way for you to communicate your wishes to family, friends, and health care professionals, and to avoid confusion later on. In Florida, these directives typically include a Living Will, Health Care Surrogate Designation, and sometimes a Do Not Resuscitate Order (DNRO).

A Living Will details the types of medical treatment you would want, or not want, if you become unable to communicate your wishes. The Health Care Surrogate Designation allows you to appoint someone you trust to make health care decisions for you if you are unable to do so. Finally, a DNRO is a form developed by the Florida Department of Health, specifying that certain life-prolonging measures should not be performed.

How Can I Create an Advanced Health Care Directive?

Creating an Advanced Health Care Directive involves careful consideration of your health care wishes and a clear understanding of the legal requirements in Florida.

Firstly, you’ll need to decide what medical treatments you would want or not want if you become unable to communicate your wishes. This could include decisions about resuscitation, mechanical ventilation, tube feeding, dialysis, antibiotics or antiviral medications, and comfort care.

Next, you’ll need to choose a trusted person to act as your health care surrogate. This person should be someone who understands your values and is willing and able to carry out your wishes.

Once you’ve made these decisions, an attorney can help you draft your Advanced Health Care Directive, ensuring it meets all legal requirements in Florida. The document will then need to be signed in the presence of two witnesses, one of whom is not a spouse or a blood relative.

Why Are Advanced Health Care Directives Important in Estate Planning?

Advanced Health Care Directives are a crucial part of estate planning to ensure that your health care wishes are followed when you can’t communicate them yourself. Without these directives, your loved ones may face difficult decisions and legal complications during an already stressful time.

What Happens If I Don’t Have an Advanced Health Care Directive?

If you have not created an Advanced Health Care Directive and become unable to communicate your health care wishes, Florida law provides a hierarchy of individuals who can make decisions on your behalf. This typically starts with your spouse, then adult children, parents, adult siblings, and so on. However, these individuals may not know your specific wishes or may have different beliefs about what you would want.

Can an Advanced Health Care Directive Be Contested?

Yes, an Advanced Health Care Directive can be contested, typically by family members who disagree with the decisions being made by your health care surrogate or who believe your directive is not valid. This is why you should have your directive drafted by a skilled attorney who can ensure it meets all legal requirements and is clearly communicated.

If a family member believes your health care surrogate is not acting in your best interest or is not following your wishes as outlined in your directive, they may contest the directive in court. Having a well-drafted directive can provide strong evidence of your wishes and help prevent legal disputes.

What If My Health Care Wishes Change?

Your health care wishes may change over time, and your Advanced Health Care Directive should reflect your current wishes. In Florida, you can change or revoke your directive at any time, as long as you are mentally competent.

To change your directive, you can make a new one which will automatically revoke the old one. Alternatively, you can revoke your directive by destroying it, writing a statement of revocation, or verbally expressing your intention to revoke. It’s advisable to notify your health care surrogate, family, and doctors if you change or revoke your directive.

What If I Have an Advanced Health Care Directive from Another State?

If you have an Advanced Health Care Directive from another state and you move to Florida, have it reviewed by a knowledgeable attorney. While Florida law generally recognizes directives from other states, there may be specific requirements or nuances in Florida law that are not addressed in your current directive.

For example, let’s say you moved to Orlando from New York and brought your New York Advanced Health Care Directive with you. While your directive may be legally valid, it might not address certain treatments that are specific to Florida law or it may not include a HIPAA release, which is crucial for your health care surrogate to access your medical records in Florida.

What If My Health Care Surrogate Is Unwilling or Unable to Act?

If your health care surrogate is unwilling or unable to act, your alternate surrogate (if you have appointed one) can step in. If you have not appointed an alternate, or if your alternate is also unable or unwilling to act, Florida law provides a hierarchy of individuals who can make decisions on your behalf.

This is another reason why it’s important to regularly review and update your Advanced Health Care Directive. If your surrogate or alternate surrogate is no longer able to fulfill their role, you can appoint a new one.

Advanced Health Care Directives are a critical part of estate planning in Orlando. They ensure your health care wishes are honored and provide peace of mind for you and your loved ones. If you need help creating or updating your directive, call The Law Office of Erin Morse today at 407-743-6059.