Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

What a wonderful, professional Attorney my family and I found in Heidi Webb! For years, we put off creating a formal will and medical directives, but COVID-19 was the wake up we needed. I knew that we could no longer procrastinate. I searched around town and made a few phone calls and decided on Heidi’s firm. Everything went smoothly. In our first phone conversation, she shared valuable information about things that I never knew or considered. I really appreciated the advice. Her assistant, Molly was also very helpful. Heidi provided all the forms we needed to protect our family and property as well as our medical wishes. The process did not take long and was done via telephone, email, mail, and video conferencing. We could have gone into her office to complete the process, but we chose to use these methods due to COVID-19 restrictions. I am so thankful to Heidi and her team for their help getting things in order for our family. I consider her to be trustworthy and highly ethical. Based on our experience with Heidi and her team, I also consider her to be warm and welcoming with all varying types of people and cultures. Thanks again Heidi and Team!

~ Cecile B

Heidi Webb is a consummate professional! She helped me with a will, living will & trust. I will use her again and highly recommend!

~ Kerry R

Health Care Surrogate Designation and Advance Directive

Why College-Age Children Need a Health Care Surrogate Designation and Advance Directive

If you have college-age children, there is an important conversation you need to have with them while they are home for winter break – getting a Health Care Surrogate Designation and Advance Directive prepared. Imagine your eighteen-year-old child in a coma due to COVID, and the doctors ask, “Who can make medical decisions for this patient?” By law, your child is an adult once they turn eighteen, and it is not automatic that parents can make medical decisions for their child if they are unable.

Health Care Directive

A Health Care Surrogate Designation and Advance Directive will spell out your college-age child’s wishes regarding medical decisions and nominate a health care surrogate. Their health care directive is only “active” if they are incapacitated and cannot communicate their own health care decisions, so be sure to explain that they are in control of medical decisions as long as they can communicate them.

If your child names a health care surrogate as part of their directive, it should include a HIPAA provision so that the surrogate can receive medical information. The Health Insurance Portability and Accountability Act of 1996 protects individuals from sharing their health care information without consent. In some states, this authorization form is part of the health care directive, but not always.

We do not like to think of something happening to our children but these documents will be invaluable if medical decisions need to be made or a physician needs to share medical information during a health crisis. Without a properly drafted directive, a court order is the only way for a parent to make decisions for their adult children if they are unable. Having a health care plan in place is peace of mind in case the unthinkable happens.

I recommend parents contact an Estate Planning Attorney to put these (and any documents) in place, so they are done correctly. Health Care Directives need to be tailored to your individual needs.

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, Melbourne, and beyond with Estate Planning and Probate. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.

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