Health Care Proxies: 3 FAQS and Answers

Health Care Proxies FAQS Millman Law Group

Today we will go over three FAQS regarding health care proxies

Today we will go over three FAQS regarding health care proxies. Under Florida’s Florida Statute 765.401, a person with a sound mind can authorize another person to make health decisions if they become incapacitated. Millman Law Group can walk you through filling out a health care proxy form that designates who you want to make health-based decisions on your behalf. It also outlines the specific choices that you’d like your loved one to make. This process also involves signing this form in front of two witnesses. If you need clarity on what health care proxies have to offer, here are our answers to three FAQS. 

A Medical Power of Attorney and Power of Attorney: Are They the Same Thing? 

No. If you want your medical power of attorney and power of attorney to be the same person, this is possible. One person can have both sets of power. However, you must fill out the health care proxy form to indicate that this is your wish. 

A Medical Power of Attorney Vs. a Living Will: What’s the Difference? 

A living will is a legal document that outlines your end-of-life care preferences if you cannot communicate them. These preferences include medical treatments and medications that you want to receive. On the other hand, a health care proxy is the document that enables you to appoint your agent or person who will make decisions on your behalf. Though related, these entities are not the same. These two documents work together to help you prepare for your future. 

Is it possible to roll all these components into one? Yes! Millman Law Group offers a Health Care Directive which contains a Health Care Power of Attorney, HIPAA Authorization, AND a living will all in one. We try to ensure that the process of preparing for your future is as streamlined as possible. 

Health Care Proxies: When Do They Take Effect?

A health care proxy takes effect immediately. You can revoke a health care proxy orally or in writing by your agent, doctor, or any other health care provider. In addition, you never lose the right to sign a new health care proxy. 

Since we often use the word “incapacitated,” you might be wondering who would fall under this category. A minor or adult with a physical or mental condition who cannot provide food, clothing, or shelter for themselves falls under this category. Also, if the individual cannot take care of their physical health, they, by definition, are “incapacitated.” For example, someone with dementia would benefit from a health care proxy. 

In 2011, Florida’s legislature changed. Before 2011, health care proxies only took effect after a physician deemed a person “incapacitated.” However, “incapacitation” is an umbrella term. Many degenerative cognitive disorders and disabilities fall under, making incapacity too broad of a spectrum. 

If you want to learn more about health care proxies and their importance, call Millman Law Group today. 


Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on FacebookTwitterLinked In, and Pinterest. You can also contact us at 561-463-6480.