hospital waiting room

Your health may be your number one priority, so you may remain mindful of every medical decision you make. Well, there may unfortunately come a moment, whether brief or extensive, when you may not have the mental capacity to make such decisions for yourself anymore. You may be frightened to think of a situation where you cannot have a say in the matter. However, you may be able to maintain some level of control over this if you establish an advance healthcare directive as a precaution. With that being said, read on to discover how to complete a valid and enforceable advance healthcare directive and how a seasoned Broward County advance healthcare directive lawyer at The Probate Lawyers can help you avoid any unnecessary complications when doing so.

How do I complete a valid and enforceable advance healthcare directive?

First of all, an advance healthcare directive is an estate planning document that allows you to express your wishes and preferences regarding your healthcare if you cannot speak or communicate this yourself. Further, it lets you appoint an agent to reference this legal document and make medical decisions on your behalf if the time comes that you are mentally incapacitated.

Now, an advance healthcare directive may also be a term that covers different types of estate planning documents; all of which work toward helping you maintain control over your medical decisions. These specific documents include the following:

  • A living will: here, you may express your wishes and preferences regarding life-prolonging procedures if you are already suffering or at a reduced quality of life.
  • A healthcare surrogate designation: here, you may express your wishes and preferences regarding who should make medical decisions for you, and their scope of authority.
  • A physician orders for life-sustaining treatment: here, you may express your wishes and preferences regarding how medical providers should care for you in a medical crisis.

Who is supposed to make my medical decisions without an advance healthcare directive?

Say, for instance, that you did not make an advance healthcare directive. Well, your medical provider may not have a reference point for how to handle your medical decisions. They may then revert to a list of individuals who can make these decisions instead, based on Florida’s estate laws. Now, the order of appointment is as follows:

  1. Your court-appointed guardian.
  2. If you do not have a court-appointed guardian, then your spouse.
  3. If you are not married or undergoing a divorce, then your adult child.
  4. If you do not have children of adult age, then your surviving parents.
  5. If you do not have any surviving parents, then your adult siblings.
  6. If you do not have any surviving, adult siblings, then your other distant relatives (i.e., cousins, aunts, uncles, etc).
  7. If you do not have any surviving relatives, then a social worker who got approved by a hospital ethics committee.

Contact a competent Broward County estate lawyer to gain the emotional and legal support you require during this pivotal time. Our team at The Probate Lawyers looks forward to helping you.