Planning for future medical care with advance directives is important for all adults in Florida, regardless of your age or current health. This article explains what advance care planning is, the types of advance directives available, how they work, and why having one in place can help you get the medical care you would want if you become seriously ill and unable to make decisions yourself.
What is advance care planning?
Making decisions about the medical care you would like to receive in the event that an illness or injury prevents you from speaking for yourself is known as advance care planning. Having an advance care plan ensures that your medical treatment preferences are known even when you can’t communicate them yourself.
Types of Advance Directives Available in Florida
There are many types of advance directives you can complete as part of advance care planning. Common options in Florida include:
Health Care Surrogate Designation: This designates a reliable person to handle medical decisions in your absence. Also called a health care proxy or health care agent, this person would serve as your voice and advocate to doctors and health care professionals.
Living Will: This legal document lists specific life-sustaining treatments you would or would not want to receive if you have a terminal illness or condition and can no longer make decisions. Living will provide clear guidance to healthcare providers about limiting treatments when recovery is not expected.
Do Not Resuscitate Order (DNR): A DNR order communicates to emergency responders and medical teams that you do not wish to receive CPR or other interventions if your heart or breathing stops. DNR orders are often paired with living wills or included in Physician Orders for Life-Sustaining Treatment (POLST) forms.
Physician Orders for Life-Sustaining Treatment (POLST): A POLST form documents doctor’s orders regarding cardiopulmonary resuscitation (CPR) and other specific treatments you want to receive or avoid near the end of life. POLST forms help ensure patients’ wishes are known and honored across care settings.
Why Advance Care Planning Matters
If you are unable to make decisions for yourself regarding your care, you can express your wishes in writing with an advance directive, which is a legal document. It is an important part of advance care planning, which involves thinking about and discussing your values, priorities, and wishes regarding current health care and possible future medical situations.
Advance care planning is recommended for all adults at any age or stage of health. A serious illness or accident can happen unexpectedly at any age, leaving you unable to make your own medical decisions. By planning with an advance directive, you can make sure your care preferences are known so you receive the medical care you want. Advance care planning is important for several reasons:
Advance Directives Allow You to Make Your Wishes Known
The main component of advance care planning is completing one or more advance directives. These legal documents state your preferences for medical care and allow you to designate a healthcare proxy or agent to make decisions on your behalf if you are unable. Advance directives provide critical guidance to health care professionals if you are unable to speak for yourself.
There are two main types of advance directives:
- Living will: Specifies the types of life-sustaining treatment you would or would not want. This helps guide decisions about CPR, breathing machines, feeding tubes, and more.
- Durable power of attorney for health care: Give the name of a reliable person to handle medical decisions in your absence. Your healthcare provider needs to be aware of your beliefs. Your health care agent should understand your values and wishes.
Having appropriately completed advance directive forms on file with your health care providers ensures your voice is heard.
Planning Ahead Promotes Peace of Mind
The process of thinking through your values, priorities, and preferences – and documenting them – can give you greater peace of mind that your wishes will be honored. Advance care planning lets you consider complex issues and make decisions before a medical crisis.
Planning ahead also helps reduce stress for your loved ones. It allows them to focus on caring for you rather than trying to guess what you would want. Removing the uncertainty makes a difficult time a little easier.
Advance Care Planning is Part of Healthy Aging
Advance care planning is important for chronic disease management and healthy aging. As we age, the likelihood increases that we may face injuries, illnesses or dementia that affect our ability to communicate.
For older adults with chronic conditions, taking time to document preferences regarding the use of emergency treatment and life-sustaining measures provides critical information to guide care.
Align Medical Care with Personal Values
Each person’s values, faith, and priorities help shape their medical decisions. Advance care planning enables you to make choices aligned with your beliefs. For instance, you can specify if you want all measures to prolong life as long as possible, or focus on comfort care when recovery seems unlikely.
Advance directives empower you to receive care according to your values, rather than default to “standard” treatments.
Planning Allows for Flexibility as Health Changes
An advance care plan is not “set in stone” – you can revisit it and make changes at any time if your preferences evolve. Your health status, prognosis, and available care options may shift over time. Periodically reviewing your advance directives ensures they continue reflecting your current situation and wishes.
When Should You Start Advance Care Planning?
Medical experts recommend that all capable adults engage in advance care planning, regardless of their health status or age. Accidents and sudden critical illness can happen at any time, so it is wise to document your choices proactively.
In particular, those with chronic or serious medical conditions should prioritize creating a plan. Those in advanced age or declining health also benefit from clarifying their treatment preferences for end of life care.
Reviewing and updating advance care plans periodically as your situation changes is also important. Events like marriage, divorce, death of a spouse or health care agent, or changes in medical status warrant re-evaluating your directives.
How to Create Your Advance Care Plan
Follow these steps to put an effective advance care plan in place:
Learn About Your Options
Become informed on the available medical treatments and care options you may face. Understand common decisions surrounding life support, palliative care, pain management, etc.
Reflect on Your Values
Think about what brings meaning to your life and what future care aligns with those values. Consider your beliefs, faith, lifestyle, and priorities.
Choose a Health Care Agent
Select a trusted person to serve as your health care proxy should you no longer be able to make decisions yourself. Make sure they understand your wishes.
Document Your Preferences
Work with an estate planning attorney to complete advance directive forms that capture your care preferences and name your health care agent.
Discuss Your Plan
Share copies of your advance directives with family, friends, and medical providers. Discuss your plan with loved ones so they understand your wishes.
Review Periodically
Revisit your advance care plan every few years or when health status changes to update as needed. Plans can be modified at any time if your preferences evolve.
Completing Advance Directive Forms
To make advance care plans legal and binding, the following steps must be taken:
- Consult with an elder law or estate planning attorney to prepare the proper forms
- Sign the documents in the presence of two adult witnesses or a notary public (requirements vary by state)
- Ensure proper signatures, witnessing statements, and notarization if applicable
- Distribute copies to health care proxy, family, doctors, hospital, etc.
- Review periodically; update, replace, or revoke forms as preferences change
- Store originals in a secure but accessible location for easy access if needed
- Keep a wallet card noting you have advance directives and where they are located
Making Advance Care Planning a Priority
Despite the importance of advance care planning, it is estimated that only about one-third of adults have an advance directive in place. This lack of planning can result in negative consequences like unwanted treatments, family disputes, delays in care access, and unnecessary pain and suffering.
To avoid these outcomes, make advance care planning a priority. Schedule time to thoughtfully reflect on your values and document detailed instructions for future medical care. Recruit a trusted advocate to speak on your behalf when needed. Then relax knowing your preferences will guide your treatment even when you can’t articulate them yourself.
At Stivers Law in Coral Gables, our dedicated estate planning attorneys are here to offer compassionate guidance every step of the way as you create an advanced care plan tailored to your needs and priorities.
