When families face unexpected health emergencies or major medical events, having the right legal documents in place can make the difference between smooth decision-making and lengthy court battles. Attorney Kellen Bryant explains the essential documents that anyone over 18 should have prepared before a crisis occurs.
Being prepared isn’t just about your own peace of mind—it’s about ensuring your family can focus on your care rather than struggling with legal obstacles during already stressful times.
The Four Essential Legal Documents
To properly prepare for health emergencies, there are four documents that should be considered by anyone over the age of 18:
- Designation of Health Care Surrogate
- Living Will
- HIPAA Authorization
- Pre-Need Guardian Designation
Document One: Designation of Health Care Surrogate
What It Does
The designation of health care surrogate gives a person authority to make health care decisions on your behalf when you cannot make them yourself.
Why It’s Critical
Without this document, family members may have no legal authority to:
- Make treatment decisions during your incapacity
- Access information about your medical condition
- Authorize procedures or treatments
- Make end-of-life care decisions
- Transfer you between medical facilities
Key Considerations
- Choose wisely: Select someone who understands your values and can make difficult decisions
- Name alternates: Include backup decision-makers in case your first choice is unavailable
- Discuss your wishes: Ensure your chosen surrogate understands your preferences
Document Two: Living Will
What It Provides
A living will consists of instructions to your healthcare surrogate about what medical treatment you do or do not want in the event that you’re incapacitated and unable to make medical decisions.
Standard vs. Custom Living Wills
Most Common Form:
The most common living will form addresses whether you want life support if you’re incapacitated with no probability of recovery as determined by doctors.
Custom Detailed Drafting:
A custom detailed draft of your living will may raise legal fees but will ensure that all your documented wishes are adhered to. This approach allows for:
- Specific instructions for various medical scenarios
- Detailed preferences about treatment types
- Religious or personal considerations
- Quality of life standards that matter to you
Document Three: HIPAA Authorization
Breaking Down Privacy Barriers
The HIPAA authorization is a blanket authorization for certain people to have access to all your medical records and contact with your medical providers.
Why It’s Necessary
HIPAA privacy rules can prevent even close family members from:
- Obtaining information about your condition
- Speaking directly with your doctors
- Accessing test results and medical records
- Coordinating your care between providers
Who Should Be Included
Consider authorizing:
- Your healthcare surrogate
- Close family members who may need information
- Trusted friends who might assist in your care
- Anyone who might need to make care arrangements
Document Four: Pre-Need Guardian Designation
The Ultimate Protection
The pre-need guardian designation serves as protection against legal challenges. This document is executed with your other legal documents and filed with the court.
When It Becomes Critical
This document provides the “trump card” when:
- Anyone challenges your capacity to make decisions
- Someone disputes your healthcare decision maker’s authority
- Family members disagree about your care
- Medical providers question who has authority to make decisions
In such situations, the person you named as guardian of your property or person in a designation of pre-need guardian will always have the trump card to make your medical decisions as your guardian.
Additional Medical Decision Document: DNR Order
Do Not Resuscitate Orders
Beyond the four main legal documents, there’s another important medical decision-making document: the Do Not Resuscitate (DNR) order.
Important Distinctions
Not Created in an Attorney’s Office:
The DNR is actually not created in an attorney’s office. Instead, it’s signed by you or your healthcare surrogate and your physician and must be on the yellow statutory set form.
More Extreme Than Living Will:
This document is more medically extreme than a living will. While a living will typically addresses life support in terminal situations, the DNR tells medical providers that even if you could be saved by resuscitation, you do not wish to receive it.
Understanding the Differences
Living Will vs. DNR Order
Living Will:
- Addresses broader end-of-life treatment preferences
- Typically applies when there’s no probability of recovery
- Created by an attorney as part of estate planning
- Covers various medical interventions
DNR Order:
- Specifically prohibits resuscitation efforts
- Applies even when resuscitation might be successful
- Must be signed by physician on official form
- Focused solely on resuscitation decisions
When You Need These Documents
Age Requirement
These documents are recommended for anyone over the age of 18, regardless of health status. Young adults often assume they don’t need such planning, but accidents and unexpected illnesses can happen at any age.
Life Situations That Make Documents Critical
- Starting college (away from family)
- Getting married
- Having children
- Chronic illness diagnosis
- High-risk occupations or hobbies
- Frequent travel
- Aging and increased health risks
The Cost of Being Unprepared
Without these documents, families may face:
- Court proceedings: Expensive guardianship cases to gain decision-making authority
- Treatment delays: Medical decisions delayed while determining who has authority
- Family conflicts: Disagreements about what you would have wanted
- Emotional stress: Added burden during already difficult times
- Financial costs: Legal fees to resolve authority issues
Taking Action Now
Don’t Wait for a Crisis
The time to prepare these documents is before you need them. Once a health emergency occurs, it may be too late to execute proper legal documents if you’re incapacitated.
Prepare Your Family for Medical Emergencies
Having the right documents in place ensures your family can focus on supporting you through medical challenges rather than fighting legal battles. Take the time now to prepare these essential documents—your family will be grateful you did when they need to make critical decisions about your care.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
