CALL US 24/7:
(844) 444-4444

Not Accepting New Clients in the State of Florida

Port Charlotte Estate Planning Lawyer Explore Healthcare Proxies

Estate Planning & Will

There can come a time in your life when you need to speak for yourself but you cannot. Whether you have just been involved in an serious accident or a disease has suddenly struck, medical personnel are going to need you to make decisions regarding your treatment. It is at times like this where you really need to have a healthcare proxy on file with your estate planning lawyer. With this document in place, you will have someone speak for you and make the decisions that could save your life.

What Is A Healthcare Proxy?

A healthcare proxy is a common part of elder law, but it has nothing to do with any type of guardianship. A healthcare proxy is a document that states who is allowed to make critical decisions on your behalf when you are too incapacitated to speak for yourself. The proxy you choose could be a family member or it could be a trusted friend, but it must be officially outlined in a document kept on file by your estate planning lawyer.

What Can’t A Healthcare Proxy Do?

A healthcare proxy is only for medical emergencies. There are special types of proxies that can be written to limit the decision maker to only certain situations, but most healthcare proxies allow the decision maker to be involved in all medical situations. The healthcare proxy can only make medical decisions. They cannot make decisions regarding finances, assets, guardianship, or any other issue.

When Does A Healthcare Proxy Take Effect?

A healthcare proxy takes effect the moment a doctor determines that the individual can no longer make decisions for themselves. It is important to note that the individual does not need to be unconscious for a healthcare proxy to take effect. If a licensed medical professional determines that an individual is no longer able to make decisions for themselves, then their healthcare proxy will immediately take effect.

How Do I Get A Healthcare Proxy?

If a healthcare proxy is not created prior to the individual losing the ability to make their own decisions, then it cannot be created after the individual becomes incapacitated. To put a healthcare proxy into effect, you must go see an estate planning attorney and have them draw up a proxy for you. It is possible to have more than one decision maker named on your healthcare proxy, but all parties involved must sign the proxy to make it legal.

A power of attorney is not a healthcare proxy. Some people confuse the two and assume that a power of attorney gives a person the legal right to make decisions for an incapacitated friend or family member. The only way to allow another person to make medical decisions for an incapacitated individual is through a healthcare proxy. Every individual should have one of these important documents on file with their estate planning attorney. The professionals at the Mattar Firm can help you to set up a legal healthcare proxy and give you peace of mind.

CONTACT US TODAY FOR A CONSULTATION

We are dedicated to making a difference in your life and that of your family.

 

Bonita Springs Location

27499 Riverview Center Blvd,
Suite 245
Bonita Springs, FL 34134

Click for Directions
Contact Us