Gainesville Living Will and Health Care Surrogate

What is a living will?

A living will tells medical personnel what to do if you are in a terminal condition or are in a persistent vegetative state. It states under what circumstances, if any, you want life-prolonging procedures to be withdrawn or withheld. Additionally, a living will can be used to designate a health care surrogate.

The purpose of a living will is to give you control over the decision of what happens to you if you are in terminal condition or persistent vegetative state. Without a living will, you allow this decision to made by your family members or a court. Because of this, a living will ought normally to be part of any estate plan.

What is a health care surrogate?

A health care surrogate is a person that you designate to have the power to act on your behalf if you become incapacitated and cannot make medical decisions for yourself. For example, your health care surrogate can give informed consent to medical treatment, surgery, or diagnostic procedures that you may require. If you desire, you can even allow your surrogate to obtain medical records and talk to your doctors about you.

What is the difference between a living will and a last will and testament?

A living will is used to make end-of-life health care decisions. A last will and testament is used to make decisions regarding what happens your assets and minor children after death.

Despite both names containing the word “will”, the documents themselves are very different from each other and accomplish very different goals. Therefore, both are usually needed in an estate plan.

Can a living will or health care surrogate designation be revoked?

Yes, both a living will and health care surrogate designation can be revoked. If you wish to revoke your living will or healthcare surrogate designation, you can sign and date a letter of revocation, physically destroy the document, orally revoke, or execute a replacement document that is materially different from the original. If you decide to revoke, you should tell your attending physician.

Can you have more than one Florida health care surrogate?

Yes, you can have more than one health care surrogate in Florida. However, naming more than one surrogate can lead to confusion and problems. For example, if your surrogates disagree, then you leave the doctor in an impossible position. Thus, there is no legal prohibition against naming multiple surrogates, but the better practice is to name one surrogate. That being said, you can name a second person as an alternate surrogate, acting as the backup in case your first choice is unavailable for some reason.

Can a family override a living will?

No, a family cannot override a living will. The doctor is bound to follow what you state in your living will, regardless of objections from family. However, you can give discretion to your health care surrogate to override your living will. Or you can choose not to let anyone override your wishes.

Does a living will need to be filed in a court?

No, a living will does not usually need to be filed in court. Rather, the living will should be given to your health care surrogate who will be able to present it to your doctor if need be.

What happens if I name my spouse as my health care surrogate, but then we get divorced later?

In Florida, a health care surrogate designation naming your spouse as surrogate is automatically revoked if your marriage ends by divorce or annulment. The only time the surrogate designation would remain is if the designation form explicitly states that the surrogate designation will continue after divorce or annulment. Absent that language, the surrogate designation would automatically cease to be effective upon the dissolution of the marriage.

Where can I get a living will or health care surrogate designation in Gainesville, FL?

The best way to get a living will or health care surrogate designation is to visit an estate planning attorney in Gainesville. Blakely Moore has lived in Hogtown for years. He’s a Gainesville lawyer and happy to serve his fellow Alachua County neighbors.