Reviewed by Daniel Wagner
Incapacity planning is an important part of any estate plan. A Medical Power of Attorney (POA) designates who will make important decisions in the event that you are physically or mentally incapable of doing so. At Gottlieb Wagner, our South Florida estate planning lawyers can assist you to ensure your wishes are followed in the event you are unable to speak for yourself.
What is a Medical Power of Attorney?
A Medical Power of Attorney (known elsewhere as a healthcare proxy or medical proxy) appoints someone who will be in charge of your medical decisions. This person is known as a healthcare surrogate. A Medical POA bridges the gap between communicating your wishes to doctors if you are unconscious or otherwise unable to communicate. A Medical POA is automatically durable, meaning that it survives incapacity (the point of the document). Be aware that this does not apply to all power of attorney documents.
Our legal team recommends that you appoint someone who remains calm in crises, will respect your wishes, and will remain steadfast if opposed by other family members. This person is often a family member or close friend. In Florida, a Medical POA is only valid if signed in the presence of two witnesses, one of whom cannot be a spouse or blood relative. The designated surrogate cannot serve as a witness. Also, the principal (person creating the document) must be at least 18 years old and of sound mind.
Our Legal Team Recommends Executing a Living Will
While a Medical POA will appoint a medical surrogate to make important decisions in your stead, we also recommend signing a living will. This document will be triggered if you have a terminal condition, an end-stage condition, or are in a vegetative state.
A living will makes your wishes known, including whether to provide, withhold, or withdraw care. Traditionally, a living will covers the following:
- Written instructions for end-of-life care
- Treatment preferences if you are terminally ill or unconscious
- Specific choices about CPR, ventilators, feeding tubes, and dialysis
In Florida, a living will is only valid if signed in the presence of two witnesses, one of whom is neither a spouse nor a blood relative. The principal must be at least 18 years of age and of sound mind.
Legal Guidance is Essential
If you are ready to address end-of-life decisions, it is important that your medical wishes are clearly conveyed and that the document is legally valid. If you attempt to draft your own documents, you risk missing a required element, causing the court to deem them invalid. When important life decisions are on the line, there is no room for error. At Gottlieb Wagner, our South Florida estate planning attorneys will work with you to determine what documents you need. Ensuring that your healthcare decisions remain your own during illness or incapacity is our top priority.
Speak with Our South Florida Estate Planning Attorneys
If you or a loved one is considering end-of-life planning, our South Florida estate planning lawyers know that these decisions can be emotional. At Gottlieb Wagner, our team of legal professionals will work alongside you to ensure that your wishes are clearly known. We give each of our clients the space to ask questions to make sure they are comfortable with the process. To schedule your consultation, contact our office online or by calling (305) 919-7788.