Choosing Agents for Health Care and Power of Attorney

           One of the most important decisions you can make when planning for your future is who will take charge of your health care and financial decisions while you are alive, but unable to make these decisions for yourself.

           The agent responsible for your finances is named in your Durable Power of Attorney.  This document allows your agent to handle all financial decisions on your behalf. In 2011, there was a substantial change in the law governing Florida’s Powers of Attorney. If your Power of Attorney was executed prior to 2011, it may be a good idea to update your document, to ensure your agent is not restricted in what they may be able to do while acting on your behalf.

           Your Health Care Surrogate, named in your Durable Power of Attorney for Health Care, is in charge of all everyday medical decisions governing your care, in the event you are unable to make those decisions or communicate them for yourself.

           These are two of the most important people in your estate plan, and these roles are too often overlooked. Some people decide to name the same person for both roles, giving them control over both finances and medical decisions. Other people have named separate agents based on the agent’s strengths or personality. Ultimately it is up to you to decide what works best within your family dynamic. The key point being, whoever you name as your financial or medical agent, they must be someone that you trust implicitly to carry out your wishes in the manner you have requested.

The best agents are people you trust will act in your best interest. Discussing your wishes with this person prior to signing a Power of Attorney or Health Care Power of Attorney is highly recommended. This will help clarify your wishes and intent for your agent. It should also minimize confusion when and if you are unable to communicate clearly, and will provide them with some guidance on what they may be expected to do on your behalf.

           While most people do not wish to think about, let alone discuss, these issues, it is better to be prepared than have your loved ones guessing, or worse, fighting about what you would want done.

If you do not have estate planning in place, or it has been at least three years since you reviewed your plan, feel free to contact our office to schedule an appointment with one of our experienced attorneys.

           For more information or to schedule an appointment, call our office at (407) 977-8080 or visit our website at HoytBryan.com.