Skip to main content

Frequently Asked Questions

What is a Designation of Health Care Surrogate form?

This is a signed legal document which allows you to designate a person to be your health care agent to make medical decisions on your behalf in the event you are incapacitated or in an altered mental state and are not able to make those decisions.

Does the person named as my health care surrogate have control over my medical decisions if I can make my own decisions?

No, the health care agent only has authority if you are unable to make your own decisions.

Does my health care agent have to pay my medical bills?

No, a Designation of Health Care Surrogate only gives your health care agent authority to make medical related decisions. This does not include authority to pay the medical bills. For this you would need a Durable General Power of Attorney form. (See below)

What is a General Durable Power of Attorney form?

This is a signed legal document which allows you to give authority to another person (agent) to make financial legal decisions such as access to their bank accounts, credit cards, pay bills, student loans, access to their lease and conduct similar activities related to financial and legal affairs in the event their child become incapacitated. 

Does the person named as my agent have control over my finances if I am able to make my own financial decisions?

No, the agent only has authority if you are unable to make your own decisions. 

What is a living will?

This is a signed legal document that allows you to state your wishes for end-of-life medical care if you are unable to communicate your decisions. The Living Will is used to direct the providing, withholding or withdrawal of life prolonging procedures if you have an end-stage condition, terminal condition or are in a vegetative state. This allows you to make the decision of the type of medical treatment you would or would not want to receive in certain situations. 

How do I explain the importance of having my son/daughter sign these documents without making them feel like they are still a child?

It is important for your son/daughter to realize these forms are in place to help them only if they need help. These forms only go into effect after a doctor declares that he/she is not capable of making their own medical decisions. This form does not allow parents to obtain any medical information without the medical criteria being met. 

Do you have to name your parents as your agent?

No. It can be anyone over the age of 18; however, in most cases your parents are the best choice. This should be someone that you can trust to carry out your wishes. 

Should I name an alternate?

Yes, when you need to use this, it is a good idea to name an alternate in case your 1st choice is unavailable. 

What does HIPPA stand for?

HIPPA stands for the Health Insurance Portability and Accountability Act of 1996. 

What is the purpose of HIPPA?

This law created national standards to protective sensitive patient medical and other personal health information from being disclosed without the patient’s consent. 

Can these documents be revoked at any time?

Yes, you can simply destroy the original documents or prepare a formal revocation. 

Should I only sign these forms if I am going off to college?

No, it is recommended that upon turning 18 you take the appropriate steps to execute these documents in the event of an emergency. 

Are these forms only meant for college aged students?

No, these forms are meant for anyone over the age of 18. For example, grandma lives be herself. She may want to consider signing one or all these forms to give someone the power to make decisions for her if she becomes incapacitated. The purpose of me starting this business was to educate parents because I felt most parents didn’t realize these forms existed and were important to have to protect your child. If you or your family have another circumstance that you would like these any of these forms please contact me and I will send you the questionnaire to fill out. 

What can happen if I don’t have these forms in place and I become incapacitated?

Your parents/legal guardian will need court approval to make decisions on your behalf and this can take time in the court system. 

What is a legal preparation service?

A service that can sell you a pre-printed form and type in the information specifically provided by you. 

Can you give me legal advice?

No, I am not an attorney. I am not qualified or licensed to give your legal advice. If you have questions that can’t be answered I would recommend that you consult an attorney. 

What if my child attends college out of state, are these forms valid?

If your child’s home state is Florida. (Your home state is the address on your driver’s license) and your child attends school out of the state of Florida, your home state form is usually sufficient and will generally be honored in other states; however, the laws do vary from state to state. You may want to consider checking in the other state. 

Should these forms be updated?

The forms should be reviewed periodically to make sure they are up to date with any changes to the law. 

What should I do with the documents once they are signed?

The originals should be kept in a safe place. It is recommended that you have the documents readily available either on your smart phone or home computer. It is also recommended that your child keep a card in their wallet that states that he/she has these documents and where they can be found. 

What is a Designation of Health Care Surrogate form?

This is a signed legal document which allows you to designate a person to be your health care agent to make medical decisions on your behalf in the event you are incapacitated or in an altered mental state and are not able to make those decisions.

Does the person named as my health care surrogate have control over my medical decisions if I can make my own decisions?

No, the health care agent only has authority if you are unable to make your own decisions.

Does my health care agent have to pay my medical bills?

No, a Designation of Health Care Surrogate only gives your health care agent authority to make medical related decisions. This does not include authority to pay the medical bills. For this you would need a Durable General Power of Attorney form. (See below)

What is a General Durable Power of Attorney form?

This is a signed legal document which allows you to give authority to another person (agent) to make financial legal decisions such as access to their bank accounts, credit cards, pay bills, student loans, access to their lease and conduct similar activities related to financial and legal affairs in the event their child become incapacitated. 

Does the person named as my agent have control over my finances if I am able to make my own financial decisions?

No, the agent only has authority if you are unable to make your own decisions. 

What is a living will?

This is a signed legal document that allows you to state your wishes for end-of-life medical care if you are unable to communicate your decisions. The Living Will is used to direct the providing, withholding or withdrawal of life prolonging procedures if you have an end-stage condition, terminal condition or are in a vegetative state. This allows you to make the decision of the type of medical treatment you would or would not want to receive in certain situations. 

How do I explain the importance of having my son/daughter sign these documents without making them feel like they are still a child?

It is important for your son/daughter to realize these forms are in place to help them only if they need help. These forms only go into effect after a doctor declares that he/she is not capable of making their own medical decisions. This form does not allow parents to obtain any medical information without the medical criteria being met. 

Do you have to name your parents as your agent?

No. It can be anyone over the age of 18; however, in most cases your parents are the best choice. This should be someone that you can trust to carry out your wishes. 

Should I name an alternate?

Yes, when you need to use this, it is a good idea to name an alternate in case your 1st choice is unavailable. 

What does HIPPA stand for?

HIPPA stands for the Health Insurance Portability and Accountability Act of 1996. 

What is the purpose of HIPPA?

This law created national standards to protective sensitive patient medical and other personal health information from being disclosed without the patient’s consent. 

Can these documents be revoked at any time?

Yes, you can simply destroy the original documents or prepare a formal revocation. 

Should I only sign these forms if I am going off to college?

No, it is recommended that upon turning 18 you take the appropriate steps to execute these documents in the event of an emergency. 

Are these forms only meant for college aged students?

No, these forms are meant for anyone over the age of 18. For example, grandma lives be herself. She may want to consider signing one or all these forms to give someone the power to make decisions for her if she becomes incapacitated. The purpose of me starting this business was to educate parents because I felt most parents didn’t realize these forms existed and were important to have to protect your child. If you or your family have another circumstance that you would like these any of these forms please contact me and I will send you the questionnaire to fill out. 

What can happen if I don’t have these forms in place and I become incapacitated?

Your parents/legal guardian will need court approval to make decisions on your behalf and this can take time in the court system. 

What is a legal preparation service?

A service that can sell you a pre-printed form and type in the information specifically provided by you. 

Can you give me legal advice?

No, I am not an attorney. I am not qualified or licensed to give your legal advice. If you have questions that can’t be answered I would recommend that you consult an attorney. 

What if my child attends college out of state, are these forms valid?

If your child’s home state is Florida. (Your home state is the address on your driver’s license) and your child attends school out of the state of Florida, your home state form is usually sufficient and will generally be honored in other states; however, the laws do vary from state to state. You may want to consider checking in the other state. 

Should these forms be updated?

The forms should be reviewed periodically to make sure they are up to date with any changes to the law. 

What should I do with the documents once they are signed?

The originals should be kept in a safe place. It is recommended that you have the documents readily available either on your smart phone or home computer. It is also recommended that your child keep a card in their wallet that states that he/she has these documents and where they can be found. 

Skip to content