Key Considerations in Estate Planning
The need for Living Wills and Health Care Surrogate forms
(Feature Article: ParentGuide MAY/JUN 2005)

Protecting your family and ensuring that your own wishes are carried out in the event of death or an infirmity that prevents you from making intelligent, competent choices is a very important consideration. And while many would rather defer these thoughts to much later in life, the reality is “you never know.” So to give you and your family some piece of mind, it’s important to execute a designation of Health Care Surrogate and a Living Will.

The Health Care Surrogate form names a person or persons to deal with medical personnel on your behalf if illness or injury renders you incapable of making intelligent decisions. As long as you are able, medical personnel will deal only with you, but if you are unable to do so, you need the surrogate to step in and provide advice and counsel on your behalf to medical personnel.

The other vital document you need as part of your estate is a Living Will. The Schiavo case has garnered worldwide attention, and could have been avoided, if Terry Schiavo had executed a Living Will. It is essential that you put down in writing in a Living Will what you want done or not done on your behalf if you are terminally ill, in an end-state condition, or a persistent vegetative state.

Both of these documents are essential pieces of your estate, but in Florida, an attorney need not prepare these documents, although you may want to consult one and have him or her execute the forms. Copies of the documents should be distributed to family members, healthcare providers, clergy, and your attorney to ensure that your wishes are carried out.

After you’ve executed your designation of Health Care Surrogate and Living Will, if things change in your life, you can easily change both documents.

Visit http://ahca.myflorida.com/index.shtml for forms and information on living wills and designation of health care surrogate or contact your attorney. Forms may also be available at your local hospital.

James Baxter has practiced law for over forty years. A former president of the Clearwater Bar Association and the Florida Bar Foundation, he can be reached at his law firm Baxter, Strohauer, Mannion, and Silberman, P.A. at 727-461-6100 or at www.baxstroh.com.