Why You Need a Health Care Proxy: Making Medical Decisions Easier for Loved Ones

A comprehensive estate plan should include provisions that protect you in the event of incapacity. It is a risk that we all need to be prepared for. A health care proxy allows you to designate a trusted individual to make medical decisions on your behalf if you become unable to communicate. It is a legal tool that ensures that someone who understands your values and preferences can advocate for your best interests. Without a health care proxy in place, loved ones may face confusion, disagreement, or delays during the time of your medical crisis. Here, our Fort Lauderdale estate planning attorney provides a guide to health care proxies in Florida. 

What is a Health Care Proxy in Florida?

A health care proxy is an estate planning tool. You can use this type of document to empower another trusted person—spouse, adult child, etc.—to make medical decisions on your behalf if you cannot voice your opinion. A key thing to know is that if you do not appoint a health care proxy in Florida, one can effectively be appointed for you if a decision must be made. 

Under Florida law (Florida Statutes § 765.401), an adult who becomes unable to make their own health care decisions and lacks advance directives on a specific matter will have medical decisions; the law provides a prioritized list of people who may act as a proxy. This list includes, in order: 

• A court-appointed guardian; 
• The patient’s spouse; 
• The patient’s adult children; 
• The patient’s parents; 
• The patient’s adult siblings; and
• The next of kin. 

Of course, you are not required to go by Florida law. With proactive estate planning, you can select any competent and willing adult to serve as your health care proxy. For example, if you have a specific adult sibling who you believe is best suited for the task, you can absolutely appoint them as your health proxy ahead of your spouse, adult kids, and your parents. 

Note: In Florida, the proxy must base decisions on the known wishes of the patient or, if unknown, on the patient’s best interests. 

Every Adult Should Have a Trusted Health Care Proxy

A health care proxy is an important estate planning document. Designating one is essential for all adults, regardless of their age and/or health status. Here are some key reasons why you should set up a health care proxy as part of your estate plan in South Florida: 

• Your Health Care Proxy Can Ensure Your Wishes are Honored: By appointing a proxy, you ensure that someone who understands and respects your health care preferences will make decisions on your behalf if you are unable to do so.
• Reduces Family Stress and Conflict: When no decision-maker is empowered, it can lead to a big fight. A clear designation dramatically reduces the risk of serious disputes among family members and other loved ones.
• Avoids the Need for Court Intervention: Without a designated proxy, families may need to seek court-appointed guardianship. When possible, you do not want the court to be involved. It can be a time-consuming, costly, and confusing process. 
• Facilitates Communication with Health Care Providers: Communication is one of the keys to effective care. A health care proxy can effectively communicate with doctors and medical staff. They can help to make your treatment as smooth as possible. 

Your Health Care Proxy Cannot Override Your Living Will

A living will (advance directive) is another important health care-related estate planning document in Florida. As a best practice, you should have both a living will and a health care proxy. It is important to understand that a health care proxy does not have the authority to override the instructions outlined in your living will. Quite the contrary, a living will is a legally binding document that specifies your wishes regarding medical treatments and life-prolonging procedures. Instead, the proxy’s role is to make decisions in situations not explicitly covered by the living will. They must do so in a manner that honors your known desires and your overall best interests.

Health Care Proxy in Florida: Frequently Asked Questions (FAQs)

Can I change or revoke my health care proxy designation?

Yes, you can change or revoke your health care surrogate designation at any time while you have the capacity to do so. To do so, you should create a new designation that provides a written statement. An experienced Fort Lauderdale estate planning lawyer can help you make a change. 

What happens if I do not have a health care proxy or surrogate designated?

You will be subject to the standard setup by Florida law. Indeed, if you become incapacitated without a designated surrogate, Florida law provides a statutory hierarchy of people who may act as your health care proxy. It starts with a court-appointed guardian and moves down the list. The default process may or may not align with your personal preferences. 

Does my health care proxy have access to my medical records?

Yes. Your designated health care surrogate has the right to access your medical records necessary to make informed decisions about your care. As a best practice, you should include a HIPAA release form with a health care proxy document to ensure full access without issues. 

Why Trust The Law Offices of Odelia Goldberg for Estate Planning 

It is important to develop a plan for a future when you may not be able to make your own medical decisions. Health care planning—including incapacity planning—is an all-too-often overlooked aspect of estate planning. You do not have to figure everything out on your own. At The Law Offices of Odelia Goldberg, we put the best interests of people and families first. Our estate planning team has experience with the full range of matters, including a health care proxy. Your initial consultation with our Fort Lauderdale estate planning lawyer is confidential and carries no additional obligation. 

Contact Our Fort Lauderdale Health Care Proxy Attorney Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale estate planning attorney has extensive experience helping people with health care proxies. If you have any questions about your rights or your options, please do not hesitate to contact us today for a fully private, no-obligation case review. We provide estate planning services in Fort Lauderdale and throughout all of South Florida.