It’s paramount for women to establish advanced directives and designate a durable power of attorney to ensure their healthcare and financial wishes are respected in critical times. Historically, women have often been marginalized in decision-making processes, particularly regarding their own medical care and financial affairs. The proactive use of estate planning tools can address these issues. Let’s talk about which tools to use. Using advanced directives such as a Designation of Healthcare Surrogate and Living Will can allow women to assert autonomy over their healthcare preferences, ensuring their desires are upheld even if they’re unable to communicate them directly.
Additionally, designating a Durable Power of Attorney empowers women to select a trusted individual to make financial decisions on their behalf if they become incapacitated. This not only provides peace of mind but also safeguards against potential exploitation or neglect. In a society where women’s voices are sometimes overlooked, having these documents in place empowers women by giving them the tools to assert control over their futures and uphold their dignity.
The Documents
Let’s explain how these documents empower you.
The first document is the Designation of Health Care Surrogate. This is a document that allows you to designate who you wish to have the ability to make health care decisions for you if you lose the ability to communicate or make decisions. This document also gives the designated individual access to your healthcare information that would otherwise be protected by the Health Insurance Portability and Accountability Act (HIPPA).
The second document is the Living Will. This document allows you to state your desires regarding life-prolonging procedures such as medical treatments and interventions related to end-of-life care.
The third is the Durable Power of Attorney. This document allows you to designate an individual that will be able to make financial decisions for you, such as paying your bills, speaking to your insurance or credit card companies, and selling property, etc.
The Power of Choice
As women, we are very attuned to the strengths and weaknesses of those around us. We are also aware of the people who would best be able to adhere to our wishes and desires. In a situation where you don’t have the ability to communicate or make decisions for yourself, it is vital that the person you choose is capable of advocating on your behalf in both health care decisions and financial decisions. By designating trustworthy and capable people in your Designation of Health Care Surrogate and Durable Power of Attorney, you can rest easy knowing that if the worst should happen, you have the best people making all the important decisions for you.
Also Review: Estate Planning Checklist
Empowering Those You Love
It is also important to think about your loved ones who want to have the tools to be able to help if something happens to you. By not preparing a Health Care Surrogate and Durable Power of Attorney, you prevent your family from having the ability to make healthcare decisions for you, have access to your medical records, or help keep your finances in order while you are incapacitated. By not preparing these documents beforehand, you put your loved ones in the difficult position of having to spend a lot of time and money on the expensive and invasive process of getting a court-appointed guardian appointed for you. Not only is this costly to your family but it will also be very costly to you. Let’s talk more about this.
Cautionary Tales
As discussed above one of the main advantages to having a Health Care Surrogate and Durable Power of Attorney in place is avoiding a Guardianship proceeding.
In Florida, a guardianship is a legal process where a court appoints a guardian to make decisions for a person who is deemed incapacitated and unable to make decisions for themselves. This is an expensive and invasive two-step process that, in Florida, you must have legal counsel for. First, a petition to determine incapacity is filed in a Mental Health Court and the Court will decide whether or not you have the capacity to take care of your personal needs or manage your property. The Court will then determine whether to remove some or all of the following rights:
(a) To marry.
(b) To vote.
(c) To personally apply for government benefits.
(d) To have a driver’s license.
(e) To travel.
(f) To seek or retain employment.
(g) To contract.
(h) To sue and defend lawsuits.
(i) To apply for government benefits.
(j) To manage property or to make any gift or disposition of property.
(k) To determine his or her residence.
(l) To make health care decisions.
After some or all these rights are removed, a guardian will be appointed for you, and all of your assets will be monitored and restricted by the Court. This process is invasive because although Guardianship proceedings are not open to the public, the Court, court personnel, and involved attorneys will have access to some of your personal information in order to aid them in the guardianship process. Additionally, though the Court does not make these decisions lightly, having your rights removed and potentially delegated to a guardian is a very difficult situation to experience and is equally as difficult to undo.
It’s important to understand that Guardianships are avoidable! Though a necessary process for some individuals, Guardianships should be a last resort and not the result of a failure to plan. So, make sure that you plan ahead by making an appointment to see an estate planning attorney to discuss health care surrogates, living wills, and powers of attorneys. And then take action to protect yourself and preserve your power of choice, your future, and your dignity!
Talk to Our Estate Planning Attorneys
Our team here at SJF Law Group works hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. Our estate planning lawyers expertly guide individuals and families through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. When you work with our Florida estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind.
As trusted probate and estate planning lawyers, we serve clients in the vibrant communities of Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. We are also pleased to offer the options of both in-person and virtual appointments throughout Florida to make our services accessible no matter where you are located.
If you want to discuss your specific situations with one of our estate planning lawyers, do not hesitate to reach out to our law firm at 954-231-3430. You can also fill out our contact form.