It isn’t uncommon for older people to start thinking about incapacity planning. You realize these risks increase as you age and want to ensure your wishes. For many, this leads to questions about healthcare surrogates and power of attorney. How are these documents different, and what do you need to know? This post will explore questions surrounding healthcare surrogate vs. POA.
Healthcare Surrogate vs POA: What You Need to Know
Healthcare Surrogacy Basics
Under Florida law, a designation of healthcare surrogate is a type of advance directive. It allows you to designate a surrogate to make medical decisions on your behalf in the event of incapacity. This surrogate gains the authority to access medical records, choose healthcare providers, and approve or deny treatments. They can also make end-of-life decisions if the document specifies. The purpose of a healthcare surrogate is to ensure respect for your healthcare wishes if you cannot express them. However, it is essential to select a person you trust.
Power of Attorney Basics
With a power of attorney, you can appoint someone to handle various matters on your behalf. You can have durable and non-durable POAs. Durable POAs are more relevant since they stay in effect under the principal’s incapacitation.
In Florida, you’d typically use a POA to appoint an agent to handle various financial and legal matters. That might include managing bank accounts, paying bills, filing tax returns, selling property, entering contracts, etc. POAs can also cover medical decisions, but most choose a healthcare surrogate.
Key Differences
The following are some key differences between healthcare surrogates and POAs:
- Focus: A healthcare surrogate’s focus is narrower and only applies to medical decisions. POAs may have wider authority and typically cover financial and legal matters.
- Activation: Healthcare surrogacy only goes into effect upon a doctor’s determination of incapacity. A POA can be active immediately or under the conditions the document outlines.
- Flexibility: POAs tend to be more flexible because they can be broad or narrow in scope. However, this also makes them more complex than designating a healthcare surrogate.
- Notarization: A POA requires notarization to be enforceable. Designating a healthcare surrogate only requires witnesses.
Healthcare surrogates and POAs serve different purposes and have different responsibilities. Seniors should consider having both. With a POA and a healthcare surrogate, you can avoid gaps in your protection and prevent disputes among family members. However, it is important to consult an attorney when drafting these documents.
Do you want to know more about healthcare surrogates and power of attorney? Click here to contact the Scott Law Offices. Our team is ready to guide you through these documents and help you understand them.
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