So many of you congratulated me on my son’s engagement. He is also an Elder Law and Estate Planning attorney in NY so I thought I’d give you an edited sample of one of his blogs! I’m a proud mom!
We’re always talking about the Durable Power of Attorney as the most important document every adult needs in case they become incapacitated. These documents cover financial, legal and some medical decision making. However, it’s still important, especially in these uncertain times to have a separate and valid Health Care Surrogate executed after 2015.
Not everyone has the ability to make medical decisions on their own. Many with dementia, cognitive impairment, or functional limitations have already been diagnosed with Covid-19, or will be diagnosed in the near future.
Who will make health care decisions, including life and death decisions, on their behalf? Health Care Surrogates and Legal Guardians,
A Health Care surrogate is a document created by an adult (the “principal”) to another adult, (known as a “health care surrogate”), to make health care decisions on behalf of the principal in the event the principal becomes mentally incapacitated and is unable to make medical decisions for themself.
If a patient makes a Health Care Surrogate they have decided in writing who will make routine and non-routine medical decisions for them in the event they cannot make those decisions on their own, including decisions related to a Covid-19 diagnosis. They can be specific about their needs and should use this as an opportunity to have discussions with their family.
Without a valid Health Care Surrogate Florida statutes makes the decision for you as to who will make decisions. Or in some cases, a guardian needs to be court appointed. These take the decision making out of the hands of the patient, which is something to avoid.
Legal guardians generally have the power to make legal and medical decisions for the patient without permission of court or family members.
This article is for educational and marketing purposes. It should not be construed as medical or legal advice. Daniel J. Reiter, Esq.
If you have any questions about making decisions for Covid-19 patients with diminished mental capacity, or any other issues regarding nursing homes, assisted living facilities and Medicaid, I encourage you to contact me at 954 726 6602 or alice@florida-elderlaw.com.
