Who Will Speak for You? Choosing Your Advocates for Health and Wealth Decisions

Life is full of unexpected twists, and while we can’t always predict the future, we can plan for it. Imagine this: you’re unable to make decisions about your health or finances due to an illness or injury. Who will step up to ensure your wishes are honored?

Choosing the right advocates—such as your health surrogate, power of attorney, and trustee—is one of the most critical aspects of estate planning. These individuals will have the authority to make decisions on your behalf, so selecting the right people requires careful thought. Let’s explore how to make the best choices for your life, health, and legacy.

What Are Advocates in Estate Planning?

Advocates are the people you designate to act on your behalf if you’re unable to make decisions. These roles include:

1. Health Care Surrogate
   • This person makes medical decisions for you if you cannot communicate your wishes. They act in accordance with your advance directives or based on your best interests.
2. Power of Attorney (POA)
   • A POA is empowered to handle your financial matters, such as paying bills, managing investments, and handling real estate transactions.
3. Trustee
   • A trustee manages assets placed in a trust, ensuring they are distributed according to your instructions.

Each of these roles requires a person who is trustworthy, responsible, and aligned with your values. As estate planning attorneys, we ensure your plan includes contingency options by naming alternates, so there is always someone ready to step in if your first choice can’t or won’t serve.

Why Choosing the Right Advocate Matters

Choosing the wrong advocate can lead to financial mismanagement, family disputes, or decisions that don’t align with your wishes. Here are a few reasons why careful selection is essential:

1. Preventing Family Conflict
   Family dynamics can be complex, especially in blended families or situations involving significant assets. Picking a neutral party or someone respected by all can help avoid disputes. We help you prepare for unexpected challenges by establishing backup advocates who can seamlessly take over if needed.
2. Ensuring Your Wishes Are Followed
   The person you choose should understand your values and priorities, from the type of medical care you want to how your assets are distributed.
3. Protecting Your Legacy
   Advocates who are financially savvy and responsible ensure that your wealth is preserved and used as you intended.

How to Choose the Right Advocates

Selecting advocates is not as simple as defaulting to your spouse or firstborn child. Consider the following factors:

1. Trustworthiness

Your advocate should be someone you trust completely. This person will have access to your medical information, finances, or both, so honesty and integrity are non-negotiable.

2. Ability to Handle Stress

Making critical decisions during high-pressure situations, such as a medical emergency, requires emotional resilience and clear thinking.

3. Financial and Medical Savvy

For an agent under a financial Power of Attorney or as a trustee, financial acumen is essential. Similarly, a health care surrogate should have a basic understanding of medical care or be willing to seek expert advice when needed.

4. Proximity and Availability

If your advocate needs to act quickly, geographic proximity can be a factor. Additionally, ensure they have the time to take on the responsibility.

5. Alignment with Your Values

Your advocates should understand and respect your wishes. This might include your preferences for end-of-life care, investment strategies, or charitable giving.

6. Willingness to Serve

Before naming someone, make sure they are comfortable taking on the role. Being an advocate can be a significant responsibility, and not everyone may feel up to the task. We help ensure you have alternates in place to provide coverage if someone can no longer serve or chooses to decline.

Florida-Specific Considerations

If you live in Florida, there are additional considerations when appointing advocates:

• Health Care Surrogates and Living Wills
  Florida law allows you to designate a health care surrogate and create a living will that outlines your medical preferences. These documents can work together to ensure your surrogate knows exactly what you want.
• Durable Power of Attorney
  In Florida, a POA must be durable to remain valid if you become incapacitated. It’s also important to note that Florida law requires specific language to grant certain powers, such as creating or amending trusts.
• Successor Trustees
  If you’re using a revocable living trust, make sure you appoint a capable successor trustee to manage the trust if you’re unable to do so. Florida law requires trustees to act in the best interests of the trust’s beneficiaries, so choose someone who will take this fiduciary duty seriously. As part of your plan, we can help identify and designate successor trustees to ensure continuity.

Common Mistakes to Avoid

While selecting advocates, avoid these pitfalls:

1. Choosing Based on Obligation
   Don’t feel pressured to choose someone out of a sense of duty, like your eldest child or a close friend. The best advocate is someone who can handle the role effectively.
2. Failing to Name Alternates
   Always name backup advocates in case your first choice is unavailable or unwilling to serve. At our firm, we prioritize creating contingency plans, so your wishes are carried out seamlessly, no matter the circumstances.
3. Not Communicating Your Wishes
   Your advocates need to understand your priorities. Hold a conversation with them to clarify your preferences and ensure they are on board.
4. Overlooking Professional Options
   If no suitable candidate exists within your circle, consider hiring a professional fiduciary or trustee.

Steps to Take Now

1. Evaluate Your Options
   Make a list of potential advocates and evaluate them based on the criteria above.
2. Draft the Right Documents
   Work with an experienced estate planning attorney to create or update documents like a durable power of attorney, health care surrogate designation, and living trust. We’ll also ensure your plan includes alternates, so there’s no gap in representation if your primary choice cannot serve.
3. Communicate Clearly
   Once you’ve chosen your advocates, explain your decisions to them and your family to prevent misunderstandings.
4. Review Regularly
   Life changes, and so might your choice of advocates. Review your estate plan periodically to ensure your advocates are still the best fit.

Take Action Today

Planning for the unexpected is one of the most thoughtful gifts you can give to yourself and your loved ones. By choosing the right advocates for your health and wealth decisions—and establishing contingency plans—you ensure that your wishes will be honored no matter what happens.

At the Estate Planning & Elder Law Center of Brevard, we specialize in helping Florida residents create comprehensive plans that provide peace of mind. Contact us today to schedule a consultation and take the first step toward protecting your future.

With careful planning, the right advocates, and backup plans in place, you can navigate life’s uncertainties with confidence. Don’t leave these critical decisions to chance—take control of your legacy now.