What are the Biggest Blunders with Health Care Proxies?

A health care surrogate is a legal document in which you name a person to make medical decisions, in the event that you are unable to do so for yourself. In Florida, if one does not designate a health care surrogate the physician or hospital has to rely on the Proxy statute.

Forbes’ recent article entitled, “Health Care Proxies – 5 Biggest Mistakes,” lists the five biggest mistakes people make on this vital document.

No 1: Failing to have one. A study found that two-thirds of us don’t have a health care surrogate.  As a result of not having a  health care surrogate, your wishes may not be respected. Even worse, a court might have to step in to make decisions requiring a guardian’s appointment.

No. 2: Not speaking to those you appoint as your health care agent. This conversation doesn’t have to be complicated or lengthy. However, it’s essential to give your agent some understanding of your feelings and wishes.

No. 3: Not addressing religion If you’ve changed faith, married someone of a different faith, or have children with differing religious views, addressing this in your health care documents and your discussions with your agent is critical. Don’t skip religious considerations because you aren’t religious—that’s also an essential part of this.

No. 4: Not having copies of the health care surrogate available. You can put together an envelope and write your name, address, phone number and those of your agents on it. Place a copy of your health insurance info, drug cards and health care proxy in the envelope. If you created and signed a living will and/or a POLST (Physical Order for Life-Sustaining Treatment) that you signed with your doctor, add copies of those to the envelope and a HIPAA release.

No. 5: Failing to address financial matters. Your health care agent most likely won’t have legal rights to pay medical bills, caregiver costs, or other outstanding bills. You should sign a durable power of attorney, a financial document designating a person (called an agent) to handle financial matters for you. Provide your agent with the necessary information, like bank account information.

Reference: Forbes (March 21, 2023) “Health Care Proxies – 5 Biggest Mistakes”

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About Carol Grant

Carol L. Grant is a Florida estate planning attorney serving families throughout Pembroke Pines, Fort Lauderdale, and Miami. With decades of experience in elder law, probate, and guardianship matters, Carol helps clients protect their assets and plan for the future with clarity and confidence. Her practice focuses on creating personalized legal solutions, including wills, trusts, powers of attorney, and Medicaid planning, that reflect each family's unique needs and values.

Carol is known for her compassionate approach to sensitive legal matters. She takes time to explain complex legal concepts in plain language, making sure clients understand their options before making important decisions. You can reach Carol L. Grant, P.A. at (954) 404-8274 or email her at Carol@carolgrantlaw.com.