Comparing Advance Directives in Health Care Planning

When you’re facing a serious illness or accident that leaves you unable to communicate, critical medical decisions must be made on your behalf. Who will speak for you and ensure you get the care you want? How will doctors know your wishes if you can’t tell them yourself?

This scenario is terrifying for patients and families alike. But with the right legal paperwork in place, you can preserve control. Advance directives empower you to share end-of-life care preferences and name someone you trust to act as your healthcare agent if needed. But confusion over these documents runs rampant.

Many use “living will” and “advance directive” interchangeably or don’t realize they fulfill distinct purposes. Others sign generic forms without customizing them to their needs, assuming that checks the box.

However, a generalized approach leaves your care vulnerable to others’ interpretation and limits preparedness for specific scenarios. As attorneys guiding clients through health crises, we’re on a mission to wipe out the confusion surrounding advance care planning. Here’s what you need to know.

An Advance Directive is an Umbrella Term

An “advance directive” is a broad term that includes various documents outlining your medical care and financial preferences if you become unable to make decisions.

As it relates to your healthcare, it encompasses two main instruments in Florida:

• Living Will – Outlines treatment preferences regarding life-sustaining interventions like ventilation, feeding tubes, CPR, etc.
• Healthcare Surrogate – Names someone as your healthcare agent to make decisions..

Think of the healthcare advance directive as the storm that rolls in when illness leaves you unable to direct your care. The living will and medical power of attorney are the windbreakers that protect your treatment wishes and decision-making power under that storm.

With the right advance planning, you can weather medical crises on your own terms. So, let’s break down what each piece of the healthcare advance directive puzzle entails.

A Living Will Outlines Your Treatment Wishes

A living will is where you spell out specific instructions for medical situations where tough choices arise about using life-sustaining interventions to prolong life.

For example, you can use a living will to:

• Refuse or remove intubation, ventilation if terminally ill, in an end-stage condition, or in a persistent vegetative state
• Decline artificial nutrition/hydration

A properly drafted living will demonstrates you have given thoughtful consideration to how different medical circumstances could impact your values and dignity.

Sharing this intimate perspective provides critical guidance. It prevents loved ones from having to make heart-wrenching guesses about what you would want.

Living will instructions only take effect if two doctors determine that there is no reasonable medical probability of your recovery.

A Healthcare Surrogate Names Your Healthcare Agent

A living will only arises when you are near the end of life. However, there may be times when you are physically healthy, but are unable to make medical decisions.

Enter the Healthcare Surrogate. This legal document names a designated person as your agent for all healthcare decisions when you cannot.

This healthcare proxy can:

• Access medical records
• Consult with doctors about treatment options
• Decide between care choices if wishes are unclear
• Consent to medications and procedures
• Arrange medical transportation and facilities
• Resolve billing issues

Choosing your healthcare surrogate carries great responsibility. Select someone extremely trustworthy who understands your values and will remain objective if faced with difficult choices.

Always name backup agents, too, in case your first choice becomes unavailable or ineligible. Without a designated proxy, the state must appoint one for you.

Combined with a living will, your healthcare agent can ensure you get care aligned with your preferences at life’s most vulnerable stage.

How to Execute Advance Directives in Florida

To activate your healthcare advance directive, you must sign before two adult witnesses, one of whom must not be a spouse or blood relative, and neither of whom is a named surrogate. Make sure to follow all requirements under Florida law.

Next, distribute copies to:

• All named healthcare agents and backups
• Immediate family members
• Your primary care doctor
• Any medical facilities where you obtain care

The original document should be kept in a secure but readily accessible place – like a fireproof safe or safe deposit box – in case your healthcare agent needs to access it urgently.

Advance directives can be updated at any time if your preferences or proxies change. Be sure to have new documents executed properly. Nobody knows exactly how illness or end-of-life will unfold. But documenting your wishes now brings order to the chaos, so choices remain driven by your values.

Get Started on Your Healthcare Advance Directive Today

While they serve distinct purposes, together, they provide a complete plan ensuring your medical treatment stays true to your wishes when you can’t speak for yourself.

If you or a loved one need guidance creating customized healthcare advance directives, our team is here to help. Let’s have an open conversation to ensure your priorities are protected so you experience care aligned with your values even in darkness.

Contact us now.