Living Will vs. Healthcare Surrogate: Why Coral Gables Residents Need Both

A living will can tell physicians what you want concerning life-prolonging treatment, but real medical decisions do not always fit neatly into predetermined instructions. What if you are temporarily unconscious after an accident but are expected to recover? What if your doctors present several treatment options you never anticipated?

A healthcare surrogate can make authorized decisions when you cannot make them yourself. Together, these two Florida advance directives create a stronger healthcare plan: your living will communicates what you want, while your healthcare surrogate identifies who you trust to speak for you.

Key Takeaways

• A living will documents your wishes concerning life-prolonging procedures under circumstances addressed by Florida law.
• A healthcare surrogate designation identifies the person authorized to make healthcare decisions on your behalf.
• A surrogate can respond to medical questions that a living will does not specifically address.
• Having both provides healthcare professionals with your written instructions and a trusted decision-maker.
• Advance directives can be changed as your health, relationships, or preferences evolve.

What Does a Florida Living Will Actually Do?

A living will allows a competent Florida adult to provide advance instructions about life-prolonging procedures. Under Florida law, it can address the providing, withholding, or withdrawal of these procedures when someone has a terminal condition, end-stage condition, or persistent vegetative state.

A living will preserves your voice when you cannot express these choices yourself. However, it does not anticipate every healthcare decision that might arise. That is where a healthcare surrogate becomes especially important.

What Does a Healthcare Surrogate Do?

A healthcare surrogate is someone you legally designate to make healthcare decisions or receive health information on your behalf, or both. Florida law also allows you to name an alternate if your first choice is unwilling, unable, or unavailable to serve.

Within the authority you grant, your surrogate can communicate with healthcare providers and make medical decisions when authorized. Your surrogate should make decisions based on what they believe you would have chosen.

Appointing a surrogate does not mean surrendering control over your healthcare. While you have capacity, your own healthcare decisions take precedence.

Living Will vs. Healthcare Surrogate: What’s the Difference?

Both are recognized as advance directives under Florida law, but they serve different purposes.

Why Isn’t a Living Will Enough by Itself?

Suppose you are seriously injured and temporarily unconscious, but doctors expect you to recover. Your living will may not address that situation, yet decisions about surgery, medication, or other treatment may still need to be made. A healthcare surrogate serves as an authorized decision-maker for circumstances that your living will does not cover.

Now consider the reverse: You appointed a surrogate but never documented your wishes about life-prolonging treatment. Your surrogate may have authority to act but less guidance about what you would have wanted at the end of your life.

How Do Your Living Will and Healthcare Surrogate Work Together?

Think of your living will as providing the instructions, and your healthcare surrogate as providing the decision-maker. Your living will documents the preferences you can anticipate, while your surrogate can exercise judgment when an unexpected medical question arises.

Before naming a surrogate, talk with them about your views on life-prolonging treatment, quality of life, pain management, and other healthcare priorities. Understanding your values can help that person represent your wishes when you cannot speak for yourself.

Who Should You Choose as Your Healthcare Surrogate?

The best choice is not automatically your closest relative. Consider who understands your values, can communicate effectively with doctors, and can remain composed when difficult decisions must be made.

Most importantly, choose someone willing to carry out your preferences, even if that person might make a different choice for themselves. Florida also permits you to designate an alternate surrogate. Naming one can prevent uncertainty if your first choice cannot serve when needed.

When Should You Update Your Advance Directives?

Review your living will and healthcare surrogate designation after significant changes in your health, relationships, or treatment preferences. You should also reconsider your designation if your surrogate dies, becomes unable to serve, or is no longer the person you want making healthcare decisions.

Divorce deserves particular attention. Unless otherwise provided, Florida law generally revokes a former spouse’s designation as healthcare surrogate when the marriage is dissolved or annulled.

Frequently Asked Questions About Florida Advance Directives

What happens if my healthcare surrogate is unavailable?

If your designated surrogate and alternate cannot serve, Florida law provides a process for identifying a healthcare proxy. Naming a reliable alternate can give you greater control over who makes decisions for you.

Can my healthcare surrogate ignore my living will?

A surrogate should follow your instructions and make decisions based on what you would have chosen. A clear living will provides important guidance when decisions involve life-prolonging treatment.

Should I give my doctor copies of my advance directives?

Yes. Make sure your healthcare providers know about your advance directives and can access them when needed. Your healthcare surrogate should also have copies so they are prepared to act if necessary.

Work With the Team at The Estate Plan to Create a Healthcare Plan That Covers More Than One Possibility

A complete healthcare plan should answer two important questions: What care do you want, and who do you trust to speak for you when you cannot? Creating both a living will and a healthcare surrogate designation helps answer those questions before your family is confronted with an unexpected medical crisis.

The Coral Gables living will attorneys at The Estate Plan can help you create a living will, legally designate a healthcare surrogate, and coordinate your advance directives, so they work together as part of your broader estate plan. Call (305) 735-2689 today to schedule a consultation and make sure your healthcare wishes are clearly documented.