Legal Question in Elder Law in Florida

My elderly aunt was given 2 forms when she was released from the hospital, one is a Living Will and the other is Designation of Health Care Surrogate. She was told to bring with her if she is again admitted to the hospital. Question: Does she need to bring both? They seem to be literally the same. and there is no acknowledgement for a notary but she was told to have the form notarized.

She lives in Florida.


Asked on 10/15/16, 5:42 pm

1 Answer from Attorneys

Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

They are different documents: Living will is your aunt's instructions for how is she to be taken care of when she is no longer able to express her wishes. They often include how far doctors may go in administering life-prolonging procedures.

Health care surrogate is the person in charge with carrying out those instructions (making health care decisions / consenting or not consenting to medical treatment) and in charge of making decisions when situations arise that are not addressed by the living will. Think of the living will as a basic instruction manual to be used by the health care surrogate.

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Answered on 10/16/16, 10:39 am


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