Living Wills and Healthcare Surrogates: What You Should Know

Thinking about end of life plans isn’t always easy—but it truly is one of the best things you can do now for yourself and your loved ones down the line. Whether you have already prepared your will or are in the process of doing it now, you’ll want to remember to complete one more set of forms as well: those pertaining to your living will and healthcare surrogate.

You probably already know the function of a will, so what makes a living will different? Additionally, who is a healthcare surrogate and what do they do? We’re covering the answers to these questions and more below:

A living will deals with end of life care.

While your will dictates what you want to happen with your estate after you die, a living will spells out what life-saving measures you are (or aren’t) comfortable with. These decisions would come into play if you were ever incapacitated and had a terminal or end-stage condition, or were in a vegetative state with no reasonable medical probability of recovery. The living will would serve as a sort of guide for medical professionals or loved ones trying to figure out what you’d really want. A living will can cover things like refusal of medical or surgical treatment, and comfort care. 

A living will makes sense for adults of any age, as it provides for the possibility of accidents and unexpected events. Put a good amount of thought into your living will; not only does doing so give you the “say” in how you’re cared for, but it also can relieve your loved ones of trying to guess or decide your wishes, which is an important consideration.

Your healthcare surrogate may make decisions regarding your medical care.

Now that you know more about the role that a living will plays in end of life care, you may want to designate your own healthcare surrogate as well. Choosing a healthcare surrogate is similar to writing a living will in that it, too, allows you to plan for unexpected medical events while still maintaining some personal control and preferences. Your healthcare surrogate is someone you designate to make medical decisions for you in lieu of (or in addition to) a living will or other advance directive, when you are incapacitated and unable to make such decisions.  In these cases, you’ll want someone you trust to make decisions that reflect sound judgement and, when possible, your own personal values as well.

A healthcare surrogate can be a friend, spouse, or other loved one—whoever it is in your life that you can trust to handle big decisions with composure and, of course, your best interests in mind.

Dealing with healthcare surrogates, living wills and other end of life arrangements is not always easy to do alone. Please feel free to call our office at 386-868-3083 for advice, extra resources, document planning or other legal services.