As the coronavirus continues to disrupt daily life and leave Americans uncertain of the future, you don’t have to feel helpless during this pandemic. In fact, now is a great time to be proactive and plan ahead should you or a loved one fall ill. One of the most important and relatively easy things you can do (and should do) is to select a healthcare surrogate and set up your advance healthcare directive.
What Is a Healthcare Surrogate?
A healthcare surrogate is someone you authorize in a medical power of attorney to make decisions about your medical care if you are too ill to make them yourself or are otherwise unable to communicate your wishes.
Factors to Consider in Choosing Your Healthcare Surrogate
A healthcare surrogate is an important role, and the person you choose will have the power to make critical healthcare decisions. As a result, you must think carefully about who you choose to fill this role. Many people simply assume that their spouse or their oldest child should take on this role, but they are not always the best suited. Here are some factors to consider when selecting an agent:
1) Emotional maturity. People handle stress differently, and not everyone is able to set aside their emotions and make level-headed decisions when someone they love is suffering. Also, some people are not assertive enough to act as a strong advocate in the face of differing opinions of other family members who suggest a treatment plan you have informed your medical agent you do not want. You should choose someone who is able to think rationally in emotionally difficult circumstances, even if that means you must look outside of your family to find the best person for the job.
2) Location. The person you choose to act as your healthcare surrogate should be someone who lives close by and is able to act on your behalf very quickly in the event of a medical emergency. Consider naming several alternate healthcare surrogates to account for someone’s potential unavailability.
3) Is willing/able to serve. Acting as a healthcare surrogate can be a time-consuming and emotionally draining job. Make sure that the person you choose is willing and able to set aside the time necessary to serve as your patient advocate. Don’t just assume the person you want to be your healthcare surrogate is willing: Be proactive and ask if he or she is willing to take on that role.
4) Will honor your wishes no matter what. Your healthcare surrogate has a duty to make decisions on your behalf that you would have made, to the extent that he or she is aware of your wishes. This is the case even if your healthcare surrogate disagrees with your choices. As a result, your healthcare surrogate needs to be someone who is willing to set aside his or her own opinions to carry out yours. Do not choose anyone that you do not trust to carry out your wishes.
People You Should Not Choose
In Florida, certain people cannot act as your healthcare surrogate, even if they are otherwise well-qualified to act in that role.
Minors. In Florida, your healthcare surrogate must be an adult (18 years or older).
Need help?
Medical directives may be among the most important legal documents you prepare – especially in light of COVID-19. Picking a medical agent can be tricky and we can help you think through your choice. We can also help with any other estate planning needs you may have—whether that’s setting up a financial power of attorney, last will and testament, or a trust.