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Integrating a Healthcare Proxy into Your Estate Planning: A Detailed Guide

Health planning is a very important and often underrated part of estate planning. Every adult should have a comprehensive plan for their health. Notably, a healthcare proxy is one of the most important health-related estate planning tools. At The Law Offices of Odelia Goldberg, we have extensive experience helping people set up healthcare proxies and other estate planning documents. Here, our Fort Lauderdale health care proxy attorney provides a detailed guide to integrating a health proxy as part of your estate plan in Florida. 

What is a Healthcare Proxy in Florida?

In Florida, a health care proxy is a legal estate planning tool that allows a person to designate another person to make medical decisions on their behalf if they become incapacitated or are unable to make their own health-related decisions. Under Florida law, the health care proxy is a springing power where the proxy steps in when the patient is unable to communicate or make decisions regarding their own medical care. 

Why it is So Important to Set Up a Healthcare Proxy

A healthcare proxy should be set up as part of every comprehensive estate plan in South Florida. There are two main reasons why it is so important as an estate planning document: 

  1. A Health Proxy Allows You to Empower a Trusted Person: The key advantage of a healthcare proxy is that it lets you empower a trusted person (spouse, parent, adult child, close friend, etc.) to make critical medical decisions on your behalf if you are unable to do so. By designating someone you trust, you ensure that your values, preferences, and best interests guide the decisions made during medical emergencies or any periods of incapacity. 
  2. Florida Law Controls Decisions If there is No Valid Health Proxy: Under Florida law (Florida Statutes § 765.401), a person who becomes incapacitated and has no appointed a health care proxy—or only appointed a health care proxy who cannot themselves fulfill the role any longer—will have “health care decisions may be made” by a person as determined by Florida law. In many cases, an adult guardianship must be set up, and the adult guardian will make the decisions. That can be a complicated process. It is not something that you or your family wants to go through during your time of need. 

How to Choose the Right Person as a Healthcare Proxy

The choice of a healthcare proxy is yours alone. Under Florida law, any competent adult can serve as your healthcare proxy. They do not actually have to be a resident of the State of Florida. Of course, you will want to pick the best person for the role. Here are key considerations for selecting someone to serve as a healthcare proxy in Florida: 

  • Willingness: Do not select a person to serve as your healthcare proxy if they do not want that responsibility. Willingness to step up when needed is one of the most important traits to look for in a healthcare proxy. 
  • Trustworthiness: You should choose someone you trust to make decisions that align with your values and wishes, even in high-pressure situations. The person should be reliable, accessible, and willing to act in your best interests without being influenced by others. 
  • Proximity and Availability: It is best to choose someone who is geographically close or can easily be present when needed. Proximity ensures they can respond quickly to emergencies, attend medical appointments, and communicate directly with health care providers.
  • Emotional Stability: In some cases, serving as a healthcare proxy can be emotionally taxing. It is always best to choose a trusted loved one who has the emotional stability to take on such an important role. 

Tip: You should also name an alternate healthcare proxy in case an issue arises and your primary proxy cannot or will not serve. 

Can You Pick More than One Person as Your Healthcare Proxy in Florida?

Technically, yes—though there are some key considerations that you should keep in mind. It is generally the best approach to designate a primary proxy and an alternate. The primary proxy will make decisions first, and the alternate steps are only if the primary is unavailable, unwilling, or unable to serve. Naming multiple people to act simultaneously can lead to conflicts or delays if they disagree on decisions. If you have any specific questions about this issue, an experienced Fort Lauderdale estate planning attorney can help. 

You Should Include a HIPAA Release 

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that strictly protects the confidentiality of medical records. It applies to both medical providers and to insurance companies. It is highly recommended that you include a HIPAA release as part of your estate plan. Without it, privacy laws may prevent healthcare providers from sharing crucial information, even with your chosen proxy. A HIPAA release grants your proxy the legal authority to review your medical history and current status without running into issues that could slow things down. 

A Comprehensive Estate Plan Also Includes a Living Will (Advance Directive)

A comprehensive estate plan should include a living will, also known as an advance directive, to address your medical care preferences. The document specifies the types of medical treatments and life-sustaining measures you want—or do not want—if you become unable to communicate your wishes. By creating a living will, you ensure that your values and choices guide your care. A living will works best in conjunction with a health care proxy. Notably, in Florida, a healthcare proxy cannot override a living will. 

Contact Our Fort Lauderdale Healthcare Proxy Lawyer Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale estate planning attorney is committed to helping clients put the right plan in place for their specific situation. If you have any questions or concerns about healthcare proxies, we are here to help. Contact us today to arrange your fully private case review. From our Fort Lauderdale office, our firm provides solutions-focused estate planning representation throughout the surrounding region in South Florida. esentation throughout the surrounding region in South Florida. 

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With over 50 years of combined experience, our probate, estate planning, real estate, elder law and asset protection attorneys provide peace of mind for our clients throughout South Florida.

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