Advance directives give the people you trust a clearer understanding of your medical wishes and the authority to help when needed. A health care surrogate designation, living will, and HIPAA authorization serve complementary purposes. A declaration of preneed guardian records another important preference if court-appointed assistance becomes necessary. Spiro Verras prepares these documents as part of the plan for your life, as well as your estate.
Name your health care surrogate
Under chapter 765 of the Florida Statutes, a designation of health care surrogate names an adult to consult with your physicians, consent to or refuse treatment, obtain your medical records, and arrange your care. Spiro Verras names a first choice and at least one alternate. Since 2015 the designation may be written to take effect immediately, without any finding of incapacity. Your own decisions control for as long as you are able to make them.
The signing requirements matter. A health care surrogate designation is signed before two adult witnesses. The named surrogate cannot be a witness, and at least one witness must be neither your spouse nor a blood relative (§ 765.202). Spiro guides the signing process so that your choices are properly documented.
Explain your wishes in a living will
A living will (§ 765.302) records your wishes about life-prolonging procedures in specified serious medical circumstances. Its use depends on the required medical determinations, your ability to decide, and the applicable law. It can address your preferences while preserving pain relief and comfort care. Talking through those choices with your surrogate helps the document provide both direction and reassurance.
A living will differs from a do-not-resuscitate order. Florida’s DNRO is a medical order addressing resuscitation in cardiac or respiratory arrest, with specific requirements for its form and signatures. If it fits your wishes and medical circumstances, discuss it with your physician and make sure the completed document is accessible to care providers.
Clarify who may receive medical information
HIPAA allows certain disclosures to people involved in your care, including with your agreement or, in appropriate circumstances, a provider’s professional judgment. A written authorization can make your preferences clearer by identifying who may receive specified information. That may include a family member, financial agent, or successor trustee who needs information to carry out a defined responsibility. The authorization should fit the other documents and your privacy preferences.
Record your preference for a guardian
A declaration of preneed guardian (§ 744.3045) names whom you would prefer if a court needs to appoint a guardian. It is signed before two witnesses present at the same time and may be filed with the clerk. The statute gives the nomination a presumption, subject to qualifications and your best interests. It complements other arrangements that may provide sufficient assistance without guardianship.
Choose the people who understand your wishes
If no authorized surrogate is available, Florida’s proxy statute supplies an order of priority among a guardian with appropriate authority, family members, and certain other people (§ 765.401). A named surrogate and alternate help establish your own preferences. A conversation about treatment, comfort, independence, and personal values gives them useful context. If disagreement arises, the appropriate response depends on the issue and may include additional advice or court review.
Well-prepared directives can reduce uncertainty and support less restrictive alternatives to guardianship. Where court protection is needed, it can provide valuable oversight. Spiro coordinates these choices with your will or trust and the durable power of attorney that addresses financial matters. Together, they form an incapacity plan designed around your circumstances.
We generally do not accept new guardianship matters except for existing clients.
Review the plan as circumstances change
Marriage, divorce, a move, a health change, or a change in the people you named can be a good time to review your directives. Florida generally recognizes a directive validly executed under another state’s law (§ 765.112), but reviewing its wording and practical use here may still be helpful. Updated documents should be coordinated carefully so that revocations, authority, and copies remain consistent. Give the appropriate people copies and let them know where to find them.
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.