Benefits of a Designation of Health Care Surrogate in Florida
What is a Health Care Surrogate Designation in Florida?
A Designation of Healthcare Surrogate is an advance directive which outlines an agent to make medical decisions for you if you are unable to do so. You can authorize your agent to make any medical decision necessary, or only permit decisions in specific areas of medicine.
A health care surrogate is designed to avoid the necessity of a legal guardian over the person and aims to ensure a principal’s treatment preferences are honored.
There are many different estate planning documents that often get confused. Below is a chart of some of the most common ones.
When does the Authority of a Health Care Surrogate begin?
The authority of a health care surrogate in Florida commences when the principal is determined to be incapacitated, as defined in Florida Statutes Chapter 765.204.
What are the requirements in Florida for a health care surrogate designation?
The principal must sign the health care surrogate designation in the presence of two adult witnesses who are not the designated surrogate, a relative, or a health care provider. As an estate planning attorney, I recommend the document also be signed with a notary public.
Can I use a form I found online?
Estate planning attorneys assist in drafting health care surrogate designations to ensure clarity, compliance with statutory requirements, and to address potential challenges, thereby safeguarding the document’s validity. Online forms often are missing the required information and language to make the document legally binding in Florida. If you have one of those forms completed, I recommend you have one of our estate planning attorney review it so you can determine if it is valid, while your competance is not being questioned in case you need to execute a new one.
Isn’t my loved one automatically my health care surrogate?
In emergency situations, a next of kin may be allowed limited medical decision making powers. However, a designated health care surrogate will ensure there is an agent able to act. If you do not want your next of kin to make medical decisions, or they are not available, having a legally binding designation of health care surrogate can make a competent adult your decision maker instead. Your agent will be able to make timely medical decisions on behalf of the incapacitated individual, ensuring prompt and appropriate care and the need for a guardianship for medical decision making will be avoided.
Can my agent consent to mental health treatment?
Yes, under Florida law, a health care surrogate can consent to mental health treatment on behalf of the principal, as specified in the health care surrogate designation.
Reach out to one of our qualified estate planning attorneys at Murphy & Berglund, for a complimentary consultation at 407-865-9553 or info@murphyberglund.com. Our law office in Altamonte Springs, Seminole County, Florida assists clients all over Florida plan for their future through proper estate planning.
Authored by Michelle A. Berglund-Harper, Esq., a member of The Florida Bar since 2010 and Attorney & Partner at Murphy & Berglund, PLLC since 2012. A link to the author’s bio can be found here.