Including a Medical Power of Attorney in Your Estate Plan

Obtaining a medical power of attorney is an important step towards ensuring your future medical needs will be made according to your wishes, even if you are incapacitated. This document allows you to appoint someone known as a healthcare surrogate who can make decisions regarding your medical care when you cannot.

Creating these documents and complying with the law can be complicated, especially without help. You should rely on a dedicated estate planning attorney to achieve the outcome you deserve without putting your future treatment at risk.

What is a Medical Power of Attorney?

A medical power of attorney is a legal document that allows the creator to appoint a healthcare surrogate to act in their stead when they are incapacitated. This might occur after a sudden, catastrophic injury or a debilitating illness. For many people, these appointments are used for end-of-life decisions.

There is flexibility when it comes to drafting medical powers of attorney. Every person’s needs and wishes are different, and this process allows them to craft a document that prepares an agent to handle serious medical issues when the time comes.

The process begins with filling out a Florida Medical Power of Attorney Form, which is provided by the state. A person creating this document will not only name their agent but also answer questions on how the power granted to them might be limited. Some people limit their attorney-in-fact to certain decisions, while others give them full control over their medical care for as long as they are incapacitated.

You must also meet some formalities to make a power of attorney official. The document must be signed by the creator in front of witnesses and be notarized at the time of signing. An attorney could help ensure all of these requirements are met.

What Should This Document Include?

The form should outline several important pieces of information, starting with the proposed attorney-in-fact. Failing to identify a person to fill this important role can make the entire effort pointless. It should also include the creator’s medical records or authorization for the agent to access them.

In addition to naming the person chosen to act as the attorney-in-fact, it is also helpful to provide a way to get in touch with them. The form should include their contact information like their legal name, address, and phone number.

Yet the power of attorney is about more than naming someone to act on the creator’s behalf, it can also include specific instructions for a variety of circumstances. It might include a refusal to be treated in a hospital for a certain illness or include guidance that complies with the creator’s religious beliefs.

Finally, the power of attorney should also clearly outline the agent’s authority to act on behalf of the creator. It should either state that they have total control over these choices or limit them to a specific set of decisions.

Talk to a Florida Lawyer About Including a Medical Power of Attorney in Your Estate Plan

It can be difficult to think about the future, particularly end of life care. With that said, preparing for it now can provide you with the peace of mind that comes with knowing you have a plan. Call The Florida Probate & Family Law Firm as soon as possible to talk about adding a medical power of attorney into your estate plan.