Southwest Florida's Health and Wellness Magazine Health and Wellness Articles
By Carl Zacharia
As an attorney practicing law in Florida, I cannot stress enough the vital role that powers of attorney (POAs) play in protecting individuals and their families. These legal documents are essential for every adult once they turn 18, regardless of age or current health status.
The following documents are an integral part of every estate plan and should be considered ESSENTIAL to ensure that your healthcare wishes and financial interests are protected should you become incapacitated or get severely ill.
Durable Financial Power of Attorney: This instrument allows your designated agent to select a trusted individual to handle your financial affairs if you become incapacitated and can no longer make financial decisions. Your financial agent can manage your money and pay bills on your behalf, but they cannot use your money for themselves.
Health Care Power of Attorney and Health Surrogate Designation: This document empowers a trusted individual to make medical decisions on your behalf when you are unable to do so. You can name your health care surrogate using a health care power of attorney and he or she will be able to make medical choices for you if you can no longer do so.
Picking someone you trust, such as a responsible child or spouse, or another family member, can give you peace of mind that they will have your best interests and desires in mind when they make decisions.
Living Will
For an added layer of protection, you can also include an advance directive or living will in your Heath Care Power of Attorney that states your desires regarding medical treatment if you are unable to communicate with your physician. Your Living Will can express whether you want treatment to prolong your life.
Consider the following scenario: A 70-year-old retiree suffers a severe stroke, rendering her incapable of communication or decision-making. Without proper POAs in place, her family faces significant obstacles. They cannot access her accounts to pay medical bills or make critical healthcare decisions without court intervention.
The absence of these documents often necessitates a guardianship proceeding—a costly, time-consuming, and public legal process. Moreover, in guardianship, the court appoints a decision-maker, who may not be the person you would have chosen.
It’s a common misconception that POAs are only for the elderly. In reality, any adult can face unexpected incapacitation:
. Progressive conditions like dementia can gradually impair judgment
. Sudden events such as strokes or accidents can occur at any age
. Temporary incapacity due to medical procedures affects all age groups
By executing POAs, you maintain control over who makes decisions on your behalf. This proactive step provides peace of mind and can prevent family conflicts during already stressful times.
With World Alzheimer’s Day just around the corner on September 21st, it should serve as an additional reminder to make certain that these documents are part of your current estate plan. According to the Alzheimer’s Association, nearly 7 million American seniors are living with Alzheimer’s disease, the most common form of dementia. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal documents or make decisions about plans for your future finances and health care if you have the requisite capacity to do so.
It’s crucial to consult with a qualified attorney to ensure your POAs are properly drafted and comply with Florida law. Remember, these documents must be executed while you have mental capacity—waiting until a crisis occurs is often too late.
Protect yourself and your loved ones from unnecessary legal complications. Schedule an appointment today with a Zacharia Brown estate planning attorney in Florida by visiting www.ZacbBownLaw.com or calling 239.345.4545 to discuss and implement these essential legal safeguards.
Zacharia Brown
Estate Planning and Elder Law Attorney
Bonita Springs
26811 South Bay Drive, Suite 260
Bonita Springs, FL 34134
(239) 345-4545
Lakewood Ranch
8470 Enterprise Circle, Suite 300
Lakewood Ranch, FL 34202
(239) 345-4545
