Understanding the Florida Designation of Health Care Surrogate

A Florida Designation of Health Care Surrogate allows the principal (you) to appoint an agent who can make health care decisions on your behalf or access protected health information in case you become incapacitated or unable to make informed decisions. This designation can take effect immediately or upon your incapacity, ensuring that your decisions are respected even if you are unable to communicate them. It is particularly valuable for the elderly or individuals caring for elderly parents, as it enables the agent to access medical information and make informed decisions about their well-being.

The agent you appoint can be any competent adult of your choosing, giving you the freedom to select someone who understands your wishes and will act with integrity. The Designation of Health Care Surrogate can also include specific instructions or restrictions regarding medical treatment and the powers granted to the health care surrogate.

The agent must adhere to the instructions provided in the designation and make decisions in your best interest when no specific directions are given. The designation remains effective until revoked or until a termination date specified by you, allowing you to grant someone permanent or temporary decision-making authority as needed.

Why Use a Florida Designation of Health Care Surrogate

There are several important reasons to consider designating a health care surrogate:

1. Ensuring Informed Care: Designating a health care surrogate ensures that a trusted individual is kept well-informed about your medical condition and well-being. This is especially significant when adult children are caring for their elderly parents. As health care providers must comply with HIPAA regulations, having a properly drafted health care surrogate form can help overcome any challenges related to accessing privileged medical information.

2. Decision-Making Authority: In the event that you become incapacitated, a health care surrogate can make critical health care decisions on your behalf. This is particularly relevant for individuals facing conditions such as dementia or Alzheimer's. With a designated surrogate and a properly drafted durable power of attorney, you can avoid the need for a costly Florida Guardianship, which often leads to the removal of various rights.

Qualifications of an Agent for the Florida Designation of Health Care Surrogate

In Florida, any competent adult over the age of 18 can serve as a health care surrogate. However, it is advisable to choose an agent who understands your wishes and can act with integrity throughout the end-of-life process. It is important to note that an agent may be held liable if evidence suggests that they did not act in good faith or comply with Florida law regarding health care decisions.

Determining Incapacity for the Florida Designation of Health Care Surrogate

According to Section 765.204 of the Florida Statutes, you retain control over your health care decisions until a primary or attending physician determines that you lack the capacity to make such decisions. As long as you can understand and communicate your health care preferences, the health care surrogate does not assume decision-making authority. An attending or primary physician can restore your capacity if you regain decision-making abilities.

Requirements for the Florida Designation of Health Care Surrogate

To ensure the validity of a Florida Designation of Health Care Surrogate, certain requirements outlined in Section 765.202 of the Florida Statutes must be met:

• The principal and the surrogate must be identified in the designation.

• The designation must specify when it takes effect (immediately or upon incapacity).

• The principal must sign the document in the presence of two witnesses, who must also sign in the presence of the principal.

• The witnesses must be at least 18 years old.

• The surrogate cannot serve as a witness.

• At least one witness must not be the principal's spouse or blood relative.

Following these requirements is crucial, as failure to do so may render the designation invalid. Online forms often fail to adhere to Florida's strict execution laws, highlighting the importance of consulting with an experienced attorney like Victoria Law.

Limitations and Revocation of the Florida Designation of Health Care Surrogate

The Florida Designation of Health Care Surrogate does not serve as a Do Not Resuscitate (DNR) order or a physical order for life-sustaining treatment (POLST). However, an agent, in conjunction with a physician, can sign a DNR or POLST on behalf of an incapacitated principal. Additionally, the designation does not address instructions for the disposition of remains or designate who will make those decisions. Such information is typically specified in a will.

To revoke a Florida Designation of Health Care Surrogate, you can sign and date a statement revoking it, physically destroy the document, express your intent to revoke it, or create an amended version. Verbal revocation is not recommended, as it can lead to confusion and compromise the validity of the document. In cases of divorce where the spouse is named as the agent, the designation is automatically revoked unless stated otherwise by the principal. Subsequent documentation should clearly state the revocation of any previous designations.

Decision-Making Without a Florida Designation of Health Care Surrogate

If no health care surrogates are appointed, Florida law, under Section 765.401 of the Florida Statutes, determines the individual with the highest priority and willingness to act in the following order:

1. A guardian authorized to make health care decisions on the patient's behalf.

2. The patient's spouse.

3. An adult child of the patient (aged 18 or older).

4. The patient's parent.

5. An adult sibling of the patient (aged 18 or older).

6. An adult relative of the patient who demonstrates special care and concern, maintains regular contact, and is familiar with the patient's activities, health, and beliefs.

7. A close friend of the patient.

8. A clinical social worker who meets specific additional requirements outlined by statute.

Contact Victoria Law

The Florida Designation of Health Care Surrogate is a vital component of estate planning. It allows you to appoint an agent who can make health care decisions on your behalf, helping you avoid the need for Florida Guardianship court in the event of incapacity. To ensure the document's effectiveness and protect your interests, it is recommended to consult with a knowledgeable Miami estate planning attorney like Victoria Law. The benefits of having a well-drafted designation far outweigh any associated costs.

If you have any questions or need assistance with your health care surrogate needs, contact Victoria Law by completing the form below. Victoria Law specializes in providing expert guidance and support for Florida Designation of Health Care Surrogate matters.