Health care advance directives let you name the people who should help with medical decisions and explain the care you would want if you cannot speak for yourself. A designation of health care surrogate, living will, and HIPAA authorization each serves a different purpose. Spiro Verras prepares them as part of a coordinated estate plan, bringing the same care to these personal decisions that he brings to financial ones.
The surrogate designation names the decision-maker
A designation of health care surrogate (Fla. Stat. § 765.202) names the person who may make health care decisions and an alternate if needed. It is signed before two adult witnesses, at least one of whom is neither your spouse nor a blood relative; the surrogate cannot serve as a witness. Authority ordinarily begins after the required incapacity determination, but you may authorize immediate access to information or decision-making. While you retain capacity, your own decisions control. The document and your conversations should help the surrogate understand your wishes.
The living will states your wishes about life-prolonging treatment
A living will (§ 765.302) expresses your wishes about life-prolonging procedures in specified serious medical circumstances, such as a terminal condition, end-stage condition, or persistent vegetative state. Physicians must apply the required medical and legal criteria before treatment is withheld or withdrawn under it. The document can address your preferences while preserving pain relief and comfort care. Discussing those choices can help your surrogate make decisions with greater confidence.
Discuss resuscitation wishes with your physician
A living will and a do-not-resuscitate order serve different functions. Florida’s DNRO is a medical order addressing resuscitation in cardiac or respiratory arrest. Its required form, signatures, and availability to emergency personnel matter. If it reflects your wishes and medical circumstances, discuss it with your physician and make sure the completed document is accessible where care is provided. Spiro can help coordinate the advance directives with that conversation. The Florida Department of Health information about do-not-resuscitate orders includes the state form.
Make your own choice of decision-maker
When no authorized surrogate is available, Florida’s proxy statute provides an order of priority that includes a guardian with appropriate authority, a spouse, available adult children, other relatives, and in qualifying circumstances a close friend or another authorized person (§ 765.401). These rules can provide help, but may not select the person you would have chosen. A designation records your preference and provides an alternate.
Help your chosen people receive information
HIPAA permits some sharing with people involved in your care, including with your agreement or, in appropriate circumstances, a provider’s professional judgment. A written HIPAA authorization can make your preferences clearer by identifying who may receive specified information and under what conditions. It works alongside the surrogate designation and can help trusted people stay informed before or after a question of capacity arises.
Share the documents and the conversation
Give copies to the surrogate, alternate, physicians, and relevant care facilities, and keep a copy readily accessible. Explain what matters to you: Your priorities for comfort, independence, treatment, and the setting in which you would prefer to receive care. Those conversations provide context that a form alone cannot supply. Revisit the discussion when your health or preferences change.
Coordinate medical and financial planning
Health care directives, a durable power of attorney, and other appropriate arrangements can reduce the need for court-appointed decision-making. A declaration of preneed guardian records your preference if court supervision becomes necessary. Review any new form that would replace an existing document so that the instructions remain consistent. These documents are also discussed on the advance directives page; related planning appears under elder law and long-term care planning.
Contact our office to arrange a consultation with Spiro about estate planning, trusts, or probate. Meet in Palm Harbor, in Tampa or St. Petersburg by appointment, or by Zoom or teleconference.