Who can make your medical decisions?

On Behalf of | Sep 19, 2024 | Probate And Estate Law

Generally, you are responsible for your own medical decisions. You get to decide what type of treatment you want or do not want. No one else can do this for you. Even your medical team is just there to give you advice and tell you about the options that you have – but the ultimate decision is still up to you.

This works well unless you become incapacitated. If you were to suffer from a heart attack or a stroke, or suffer a traumatic brain injury in a car accident, you would very likely be unable to make or even communicate your medical wishes and decisions. In these situations, who makes critical medical decisions on your behalf?

Choosing an agent

These types of decisions are critical to plan for in advance and choose a medical agent. You do this by creating a medical power of attorney. In Florida, you can also select a surrogate by using the Designation of Health Care Surrogate form.

Once you have legally chosen this person to make your medical decisions, they are allowed to do so if the necessary conditions are met. For instance, you will likely draft the documents so that you retain the ability to make your own medical choices until the moment that you become incapacitated. If that never happens, your agent will not have to make any decisions on your behalf, and you do not give up any rights. But if you do become incapacitated, you know that someone else is standing by to help make the proper medical decisions that you have specified.

This is a very important part of estate planning, so be sure you know and understand what legal steps to take. An experienced Florida estate planning attorney can advise on your specific circumstances.