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Florida Incapacity Planning

Planning for life.

Incapacity Planning


When you need medical treatment, you have the right to refuse certain medications, procedures, or types of care. However, if you become incapacitated due to a serious injury, dementia, Alzheimer’s disease, or a coma, you will not be able to make these decisions for yourself. This does not mean you have to leave these decisions to the doctors, however, as you can draft specific documents to address these concerns as part of your comprehensive estate plan.

An Overview of Documents to Consider When Planning for Incapacity

Three important documents to consider when planning for potential incapacity:

Living will

An advanced directive regarding end-of-life treatment. The living will memorializes your wishes concerning your end of life care, such as whether you would like to receive life support if you are in a persistent vegetative state, terminal condition or end stage condition.

Florida Designation of Healthcare Surrogate

This is essentially a medical power of attorney. This document enables you to designate a person you trust to make medical decisions for you when you are otherwise unable to speak for yourself.

HIPAA Authorization Form

An important document that provides authorization for your healthcare surrogate to review and receive medical information on your behalf, without delay.

When designating individuals for each role, ensure that you choose someone that you trust and that you believe will honor your wishes. It’s also a good idea to provide copies of these documents to your physician in advance.

Contact a Florida Estate Planning Lawyer to Discuss Your Next Steps

The Legacy Law Firm works diligently to ensure that your future medical decisions will be in line with your values and best interests. Call 954-999-9683 to schedule your consultation – we are here to help.

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