Part 2 of 2: Making Sure Your Healthcare Wishes Are Honored — No Matter What
In Part 1, we talked about the documents that protect your finances and property if you become incapacitated or pass away. But there’s a second category of estate planning documents that often gets less attention — and for single adults, it may matter even more in the short term.
What happens to your medical decisions if you can’t make them yourself?
If you’re single — whether divorced, widowed, or never married — the answer to that question may be less clear than you think. You may have people in your life who care deeply about you, but caring about someone and having the legal authority to act for them are two very different things. Without the right documents, even your closest friends or siblings may be turned away at the hospital door.
Your Health Care Surrogate: The Person Who Speaks When You Can’t
Florida law allows you to name a health care surrogate — someone authorized to make medical decisions on your behalf when you are unable to communicate your own wishes.
This could apply in a temporary situation, like being sedated for surgery, or in something longer-term and more serious.
For married couples, a spouse often steps into this role automatically in practice, but keep in mind that if it is not in writing, there may be challenges for the spouse to act, as there are HIPAA laws that can prohibit anyone from acting without expressed authority, verbal or written. For single adults, there is no automatic default. If you haven’t named someone in writing, a medical team may have no clear person to turn to — and your family could face a court guardianship petition before they can even participate in your care. That process is slow, stressful, and entirely avoidable.
Naming your health care surrogate now means the person you trust — the one who knows your values, your fears, and what quality of life means to you — is ready to act the moment they’re needed. No court. No delay. No confusion about who has authority.
A Living Will: Taking the Burden Off the People You Love
A living will is a separate document that records your specific wishes about end-of-life medical treatment. It speaks to situations where you are not expected to recover — and addresses questions like whether you want life-prolonging procedures, mechanical ventilation, or artificial nutrition continued.
These are not easy questions. But answering them now, in a legally valid document, means your loved ones won’t have to answer them for you under the worst possible circumstances. It removes the guesswork. It removes the guilt. And it ensures that what happens to you reflects what you actually want.
For single clients — particularly those whose closest family members live out of state or who haven’t had these conversations with anyone — a living will is one of the most important gifts you can give the people in your life. Your instructions are on record. They don’t have to wonder.
These Two Documents Work Together
Your health care surrogate handles real-time medical decisions. Your living will handles your end-of-life instructions. Together, they form a complete picture of your healthcare wishes — one that protects you, guides your surrogate, and spares your loved ones from making impossible calls without guidance.
Neither document is complicated to create. But both require careful thought about who you trust, what you value, and how you want to be cared for. That’s exactly the kind of conversation I have with my clients — and it’s one I find genuinely meaningful.
You’ve Built a Life Worth Protecting
The clients I work with most often are people who have navigated a great deal on their own. They’re independent, capable, and accustomed to handling things themselves. What I hear from them, again and again, is that getting these documents in place wasn’tas hard as they expected — and that the peace of mind on the other side was immediate.
If you’re ready to put your plan in place, I’d welcome the conversation. Call my office at 561-935-9763 or visit www.TheCurranLawFirm.com to schedule a consultation. You’ve worked hard to build your life. Let’s make sure it’s protected.
— Maura S. Curran, Esq. | Maura S. Curran Law | Jupiter, FLEstate Planning & Administration | 561.935.9763 | www.TheCurranLawFirm.com
