What Rights Do Incapacitated Individuals Have?

Life is complicated enough and you may not want to consider the ‘what ifs’ your future may hold for you. However, it is always important to consider all situations that may occur so you can protect your rights. If you ever become incapacitated in the future, it is critical to know that you still have rights. Below, our Daytona Beach estate planning lawyer explains the rights of incapacitated individuals and how to protect them.

How to Protect Your Autonomy 

Under Florida law, there are steps you can take to ensure that your rights are upheld in the event that you become incapacitated. One very important step that can provide the protection you may need is to establish a durable power of attorney. When drafting this legal document, you will appoint an individual you trust, known as the agent, who will make decisions on your behalf in the event that you are unable to make them for yourself. The agent you designate will have authority to manage your medical decisions, financial affairs, and handle other personal matters.

You can customize your power of attorney to your own specific needs. You can also grant your agent limited or broad powers. For example, you may grant them permanent authority if you become incapacitated, or temporary authority if you require surgery. Your agent is required to act in your best interests, so it is critical that you appoint someone you trust.

Rights of Incapacitated Individuals 

Under the guardianship law in Florida, you still have many rights in the event of incapacitation. Under these laws, you have the right to:

• Legal representation,
• Receive notification of an legal proceedings regarding your incapacity,
• Have your values and preferences taken into consideration when decisions are made, and
• Participate in the guardianship process to the fullest extent possible.

Additionally, your guardian or power of attorney must act in your best interests, and take into account your unique needs and circumstances.

What Happens if You Do Not Have a Power of Attorney? 

If you become incapacitated and have not drafted a power of attorney, the court may appoint a guardian who can make decisions on your behalf. While this process is intended to protect your rights, it is also time-consuming and costly. You will no longer have control over who is your guardian, and the person the court appoints may not be familiar with your wishes. Still, even when you are appointed a guardian, you have the right to be treated with dignity, to have your wishes considered when possible, and to receive the necessary medical care you require.

Our Estate Planning Attorney in Daytona Beach Can Draft Your POA 

The best way to protect your future rights and best interests, it is important to create a power of attorney. At Bundza & Rodriguez, our Daytona Beach estate planning attorney can draft your power of attorney and ensure it is executed properly so your rights are always protected. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.

Sources:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship

flsenate.gov/laws/statutes/2010/709.08