ADVANCE DIRECTIVES
Did you know that, by law, your spouse cannot make financial or legal decisions on your behalf or have access to your financial and medical information?
They can once you sign your Advance Directives!
Everyone should have their Advance Directives in order. Whether you are a grandparent, parent, or even a college student, everyone should have these documents in place. Without them, there is no one who has the authority to act for you. Many people do not find this out until the unthinkable happens and they are unable to do things for themself. Unfortunately, if these documents are not in place already, the only option available is guardianship. Guardianship is an expensive and lengthy process. Below is a description of the necessary documents for your Advance Directives:
This document allows someone to make legal and financial decisions on your behalf. In Florida, a durable power of attorney document must be witnessed by two individuals who are 18 or older and notarized. The “powers” given to the appointed POA are detailed in the document. Certain powers require initialing for the POA to be able to perform those tasks. If a task is not authorized in the document, the POA cannot perform it so it is important to have a power of attorney that will meet your needs. You can name more than one person in the document. A durable power of attorney is effective from the time it is signed until the signer passes away or revokes it.
A Health Care Surrogate has the legal ability to make medical decisions on behalf of another person. This becomes effective once the signer is no longer able to make decisions for himself/herself.
A Living Will states your wishes if you were to suffer a catastrophic illness or injury that resulted in you being placed on life support or requiring certain medical measures to continue to keep you alive in a persistent vegetative state. It is intended to ensure that medical professionals will honor your wishes and to relieve your family of the burden of making a very difficult, heart wrenching decision.
HIPAA is a federal law that limits access to your medical information. Without a release, no one can have access to your medical records. A power of attorney will not typically allow access to medical information. By signing a HIPAA release and appointing a person or persons that you authorize to have access to your medical information, you ensure that your medical information is available for treatment, insurance claims and even litigation.