Power of Attorney and Health Care Surrogate

Durable Power of Attorney

When you sign a Durable Power of Attorney, you are giving legal authority to someone to act on your behalf. This provides a simple way for someone to manage your financial affairs. The use of the word “durable” coupled with language in the document which states it continues to be in effect if you are incapacitated, assures that your agent can act at any time.


Caution must be taken when signing a Durable Power of Attorney because the agent may act immediately upon signing the document. Under today’s statutes, even a copy can be used. This means that the Power of Attorney can be used even while you are still competent.

There are many provisions that are necessary to have if you need to qualify for Medicaid in the future. A Durable Power of Attorney is a valuable legal document that should be drafted by an experienced lawyer.


Designation of Health Care Surrogate and Living Will

Designation of Health Care Surrogates and Living Wills are important legal documents and ease the decision making process for loved ones during what is sure to be a very stressful time for them. A Health Care Surrogate is a person that can make medical decisions for you if you become incapacitated and are unable to make your own decisions.

In some states, a person named to serve as a Health Care decision maker is referred to as a Health Care Power of Attorney. In Florida, the correct term is Health Care Surrogate.

A Living Will is a witnessed written or oral declaration stating your wishes regarding the use of any life-prolonging medical treatment.

Health Care Decision Making Quick Reference

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