Health Care Surrogate

Blade • August 9, 2022
Health Care Surrogate — Deerfield Beach, FL — Blade & Blade PA

Most of us live hectic lives. We rush from one task to another, trying to fit in as many activities as possible in our busy schedule. Completing tasks from our to-do lists gives us a sense of accomplishment and control. Pursuing our everyday goals leaves us little time to think of situations in which we do not have control over things and events surrounding us.


No matter how skilled you are and how well you coordinate different aspects of your life, no one has total control over what can happen to them. That is especially true in today’s world. We live in times of uncertainty. In the most recent past, we witnessed events no one could have imagined just a couple of years ago. The global pandemic caused millions of deaths, leaving tens of millions of others with severely damaged health.

 

Perhaps this is the right moment to contemplate finding yourself in a life-threatening situation, unable to communicate, express your wishes, or make important health-related decisions.

 

What is a Health Care Surrogate?

A health care surrogate is a person you choose to act on your behalf in making health-related decisions or receiving health care information in situations when you are incapacitated. A health care surrogate acts as your agent or attorney-in-fact in matters related to your health. They communicate with medical professionals, navigate through the health care system, and make medical decisions instead of you in circumstances when you are unable to do so. Depending on the authority you give them, the surrogate can also act as your health care agent in temporary situations when you are partially incapacitated (under heavy medications or with transient amnesia).


Who Can Act as a Health Care Surrogate?

Florida Statute 765.401 prescribes rules for situations when you do not have a health care surrogate. The list of health care proxies follows an order of priority.


The first individual on the list acts as your default health care surrogate. If a person from a prior class is reasonably unavailable, unwilling, or incompetent, the second person from the list acts as a proxy, in the following order:


  1. The judicially appointed guardian, acting as your advocate due to a developmental disability.
  2. Your spouse.
  3. Your adult child. If you have more than one adult child, more than half of your adult children who are reasonably available for consultation will act as your health care surrogates.
  4. Your parent.
  5. Your adult sibling. If you have more than one sibling, more than half of your adult siblings who are reasonably available for consultation will act as your health care proxies.
  6. Your adult relative. Your adult relatives can act as surrogates if they exhibit special care and concern for the patient, are familiar with your activities, health, and religious or moral beliefs, and maintain regular contact with you.
  7. Your close friend.
  8. A clinical social worker. The social worker must have a special license or graduate from a court-approved guardianship program. The law further requires that the proxy is not an employee of the provider and that the bioethics committee selects such a surrogate. A clinical social worker acting as a health care surrogate can make decisions to withhold or withdraw life-prolonging procedures only after being reviewed by the facility’s bioethics committee.


Who Should You Choose?

To ensure your health care proxy is the right person, you should always designate them yourself and avoid possible misunderstandings between multiple surrogates. When considering who to choose, seek a responsible and reliable person, willing and able to act on your behalf in making health-related decisions. Next, always select a person in good physical and mental health with a proven record of making reasonable decisions in stressful situations. Finally, choose a person who you trust. Your health care surrogate should be close to you, share your philosophical and religious beliefs, or be familiar with them.


Designating a Health Care Surrogate

You can designate your health care proxy using medical power of attorney (POA), called a Designation of Health Carre Surrogate. Florida law requires you to sign the document before two witnesses, and we recommend it be notarized. The witnesses need to validate it by putting their signatures next to yours. Also, your designated health care surrogate cannot be one of the witnesses, and at least one of them must not be your relative.


An Alternate Surrogate

You can never be sure if your designated surrogate will be available at a critical moment. That is why it is wise to select one (or even two) alternate surrogates to be at your disposal if the primary proxy is not available. The Florida default list applies only if your designated surrogates cannot act on your behalf.


Reach Out To Us
At Blade & Blade P.A., we care about your peace of mind. Knowing how important designating a health care surrogate is, we can help you make the best choice ensuring your designation complies with the legal requirements.


Reach out to us today to schedule your free consultation.

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Like other important life tasks, your estate plan deserves your continued time and attention. We recommend that you work with us to review it every three to five years (or more frequently, depending on your circumstances). Think of it as your estate plan’s preventive check-up, and remember: Prevention is the best cure. A routine preventive check-up is not necessarily the only time we see a doctor. Similarly, a preventive planning meeting is not the only time to consider your estate plan. The occurrence of special life events may also mean that it is time to pick up the phone and call us. If you experience any of these significant life events, contact us , and we will help ensure that your estate plan still reflects your goals and wishes.
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Digital assets are a category of commonly overlooked assets that play a crucial role in your estate plan and the legacy you leave behind at your death. It is all right if you did not consider these items when you first created your will or trust; such a mistake is surprisingly common and, luckily, easy to correct. What are digital assets? They include all of the following: ● your digital photos and videos saved on your phone, in the cloud, or on an external hard drive ● files (such as emails, financial documents, digital business records, etc.) stored in the cloud or on your computer’s hard drive ● cryptocurrency ● nonfungible tokens ● domain names (URLs) ● social media profiles (e.g., Facebook, LinkedIn, X, TikTok, Instagram, Twitch) ● content creation accounts (e.g., YouTube) ● affiliate marketing accounts (e.g., Amazon, Google, ClickBank) ● accounts associated with e-commerce businesses (e.g., Etsy, Shopify) ● physical device backups ● databases (e.g., medical records, cloud storage services) Such digital assets often carry significant real-world value and, in some cases, generate substantial income. Examples include cryptocurrency wallets, domain names (URLs), monetized YouTube channels, influencer accounts, and digital business platforms. These assets may represent a meaningful portion of your estate, sometimes even its most valuable components. You can no longer afford to adopt a wait-and-see approach. Whether or not you proactively plan, your legacy now includes more than just the monetary inheritance, family heirlooms, and personal property you intend to pass along. In today’s world, you must also consider and create a plan for your digital assets. To that end, here are three tips to help you create or update a plan to properly manage, transfer, or preserve your digital assets. 1. Inventory your digital assets. Make a list of every online account you use. If you run a business, be sure to include spreadsheets, digital records, client files, databases, and other digital business documents. Not only will you need this information for your estate plan, but it will also play a crucial role in any business succession plan you create. If it exists online or in the cloud, connects to it, or pertains to it, put it on the list for your attorney and your trusted decision-makers (agent under a financial power of attorney, executor or personal representative, or successor trustee). This list can act as a critical resource when someone needs to step in and manage your digital assets. 2. Designate a Digital Fiduciary (Sometimes Called a Cyber Successor). This is someone you trust who can access your online accounts and business on your behalf if you are incapacitated or after your death. In most cases, this person will also serve in a traditional fiduciary role, such as your agent under a power of attorney, trustee, or personal representative, depending on timing. Access to digital assets is governed by state law (such as the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA, enacted in most states) as well as the terms and conditions of each platform. You should keep your access information secure and consider using the online tools offered by providers (such as Google Inactive Account Manager or Apple Digital Legacy) to ensure your fiduciary can act quickly and legally. 3. Determine the necessary tools to properly record and carry out your wishes and ensure that your legacy continues as you want. Depending on your unique situation, it may be advisable to fund some of your digital assets into a trust or even include specific access in a power of attorney. We can help you determine the best way to protect and pass on your digital assets, select your trusted decision-makers and beneficiaries, and ensure that the right tools are in place so your assets can be accessible when needed. The laws in this arena are evolving, so any planning you have done in the past needs to be reviewed and possibly updated. Potential Pitfalls of Failing to Plan for Digital Assets The worst thing you can do is nothing. Inaction could result in the loss of digital family photo albums, disruption of your business if you are incapacitated, or worse. If this process feels daunting or you are unsure where or how to start, call us. We can help you identify, track, and protect your digital assets to give you peace of mind.
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