Advance Directives: Planning Ahead Only Works If Others Know About It

Most responsible adults have created—or at least thought about creating— Advance Directives. As a refresher, an Advance Directive is a document that outlines your wishes regarding medical treatment while you are still alive but become unable to communicate those decisions yourself. Importantly, an Advance Directive can only serve its purpose if others are actually aware of its existence when it is needed. If you have an Advance Directive, you should also make sure to take the following steps:    

Ensure your Advance Directive is readily accessible in the event of an emergency.

Although you want to keep the documents safe, you also want to make sure the documents are easily accessible by other people in the event you are incapacitated and unable to inform anyone about the location of your Advance Directive. Perhaps a safety deposit box that only you have access to may not be the best place to keep it. If you do decide to keep a copy exclusively in a safety deposit box that only you have access to, consider keeping a card or note somewhere people often look that advises you have an advance directive and instructions on how it can be accessed. The ideal place to keep your Advance Directive will be unique to you and your situation.

Provide a copy of your Advance Directive to your medical providers to add to your permanent medical record.

You should provide a copy of your Advance Directive to your medical providers. Most physicians ask if their patients have created an Advance Directive or Living Will; however, most physicians do not go the extra step and request a copy. That is likely because Florida law puts the onus on the person who made the will to provide a copy. Check out Chapter 765 of the Florida Statutes.  

A copy of an Advance Directive can typically be provided in person or submitted through a portal that most doctor’s offices today have. If you are scheduled for a procedure, consider bringing a copy of your Advance Directive with you. Contact your physicians’ offices to determine their specific procedures on receiving and maintaining your Advance Directive.  

Do not forget to provide the most recent copy of your Advance Directive in the event it has been updated.

Provide a copy of your Advance Directive to your healthcare surrogate.  

You should provide a copy of your Advance Directive to the person you have designated as your healthcare surrogate. First and foremost, take this opportunity to discuss that you have designated him or her as your healthcare surrogate. Knowing in advance that they are to serve as your healthcare surrogate can reduce the stress of shock and awe for your healthcare surrogate as well as other members of your family during what will inevitably be an emotional time.

You may also want to take this time to discuss your instructions which should already be memorialized in the Advance Directive so he or she is aware of your wishes in the event you become incapacitated and unable to communicate.

At Brett Legal, we create Advance Directives so that your wishes regarding medical treatment are honored in the event you are unable to communicate those decisions yourself. If you are in need of an attorney to prepare your Advance Directives, do not hesitate to contact us.

-Silvia A. Brett, Esq.

Silvia Brett is an attorney located in St. Petersburg, FL, who handles Estate Planning and Probate. Click here for more information.

Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.