HEALTH CARE SURROGATES

Understanding Health Care Surrogates

A health care surrogate is a designated individual who makes medical decisions on your behalf if you become unable to do so. This legal document ensures that a trusted person carries out your healthcare preferences and advocates for your best interests. At Gulf Coast Divorce, we assist clients in selecting and appointing a reliable health care surrogate to safeguard their medical choices.

Why You Need a Health Care Surrogate

Life is unpredictable, and medical emergencies can arise without warning. A health care surrogate designation provides peace of mind by ensuring that someone you trust will manage your healthcare decisions if you are incapacitated. Some key benefits of having a health care surrogate include:

• Ensuring Your Medical Preferences Are Followed: Your surrogate will advocate for treatments and interventions that align with your values and beliefs.
• Avoiding Legal Confusion: Without a designated surrogate, family members may face disputes or legal challenges regarding your care.
• Reducing Family Stress: Your loved ones will have clear guidance on your wishes, easing the emotional burden of making difficult medical decisions.
• Complementing Other Estate Planning Documents: A health care surrogate works alongside your living will and power of attorney to create a comprehensive medical directive.

Choosing the Right Health Care Surrogate

Selecting a health care surrogate is a crucial decision. The ideal candidate should be:

• Trustworthy: Someone who respects your values and will follow your medical wishes.
• Capable of Making Difficult Decisions: Your surrogate must be prepared to make challenging healthcare choices under pressure.
• Available: Ensure your chosen individual can be reached quickly in an emergency.
• Willing to Act as Your Advocate: A strong surrogate will communicate with doctors and push for the care you desire.

What a Health Care Surrogate Can and Cannot Do

Your health care surrogate has specific responsibilities and limitations under the law. They can:

• Consult with medical providers and make treatment decisions on your behalf.
• Authorize or refuse medical procedures based on your instructions.
• Access your medical records and discuss your condition with healthcare professionals.
• Coordinate with family members while ensuring that your medical wishes are honored.

However, a surrogate cannot:

• Override explicit instructions in your living will or advance directives.
• Make financial decisions on your behalf unless they are also designated as your financial power of attorney.
• Act as your surrogate if they are unwilling or unable to fulfill the role.

Updating and Revising Your Health Care Surrogate Designation

Just as life circumstances change, so too should your healthcare documents. It is important to review your health care surrogate designation periodically, especially after significant life events such as:

• Marriage or divorce
• The death of a previously designated surrogate
• Changes in personal health status
• A falling-out or loss of trust with the current surrogate

At Gulf Coast Divorce, we help clients update their healthcare directives to reflect their current wishes and ensure that their surrogate remains the right choice.

Common Mistakes to Avoid

An executor is responsible for carrying out the instructions in your will, ensuring that your wishes are honored. Choosing a reliable executor is crucial, and we provide guidance in selecting the right person for the role.

Common Mistakes to Avoid When Drafting a Will

Failing to properly set up a health care surrogate can lead to unnecessary legal complications and stress for your loved ones. Some common mistakes to avoid include:

• Not Having a Health Care Surrogate: Without one, medical decisions may be left to individuals who do not fully understand your wishes.
• Choosing the Wrong Person: Selecting someone who is not capable of making tough decisions under pressure can lead to complications.
• Failing to Inform Your Surrogate: Ensure that your surrogate knows their role and understands your medical preferences.
• Not Keeping Your Documents Accessible: Provide copies of your designation to your healthcare providers and family members.

Take Control of Your Healthcare Decisions Today

A health care surrogate designation is a critical part of your estate plan, ensuring that your medical decisions are made by someone you trust. At Gulf Coast Divorce, we guide clients through the process of selecting and legally documenting their health care surrogate to provide clarity and peace of mind. Contact us today to secure your future and protect your medical choices.