Guide to Advance Planning for The Role of a Health Care Surrogate in Florida

Imagine a sudden accident leaves you unable to communicate your medical preferences. Who would speak for you? In Florida, a health care surrogate ensures your health care wishes are respected when you can’t advocate for yourself. This blog explores the importance of designating a surrogate, the legal steps involved, and how it fits into Florida’s elder care framework.

What is a Health Care Surrogate?

A health care surrogate is a person you legally designate to make medical decisions on your behalf if you become incapacitated. This role is critical in emergencies, ensuring treatments align with your values. Unlike a general power of attorney, a surrogate focuses solely on health care decisions, from surgeries to end-of-life care.

Why You Need a Health Care Surrogate in Florida?

1. Avoid Court Intervention: Without a surrogate, Florida courts may appoint a guardian, a public and time-consuming process.
2. Clarity in Crisis: Your surrogate knows your preferences, reducing family conflicts during stressful times.
3. Legal Compliance: Florida law (Chapter 765) recognizes surrogates, ensuring your decisions are legally upheld.

Choosing Your Health Care Surrogate

Select someone who:

• Understands your values and medical preferences.
• Can handle pressure and communicate effectively with doctors.
• Is at least 18 years old (Florida’s legal requirement).

Tip: Name an alternate surrogate as a backup. Discuss your wishes in detail, including religious beliefs or treatment limits.

Legal Requirements in Florida

To designate a surrogate:

1. Complete a Designation Form: Florida’s Designation of Health Care Surrogate form is recommended.
2. Sign with Witnesses or Notary:
   • Two adult witnesses (neither can be your surrogate or related by blood/marriage), or
   • A notary public.
3. Distribute Copies: Provide copies to your surrogate, doctors, and family.

Note: The surrogate’s authority begins only after a physician declares you incapacitated.

Health Care Surrogate vs. Living Will

• Living Will: Outlines end-of-life wishes (e.g., life support preferences).
• Health Care Surrogate: Makes real-time decisions and can access medical records (via HIPAA authorization).

Best Practice: Combine both documents to guide your surrogate and cover unforeseen scenarios.

Steps to Designate Your Surrogate

1. Reflect on Your Values: Consider treatment preferences and quality-of-life priorities.
2. Choose Your Surrogate: Discuss responsibilities openly.
3. Consult an Attorney: Ensure compliance with Florida laws and address complex situations (e.g., blended families).
4. Finalize Documentation: Sign with witnesses/notary and share copies.

Conclusion: Act Now for Peace of Mind

Designating a health care surrogate is a proactive step to protect your autonomy and ease burdens on loved ones. In Florida’s fast-paced legal landscape, working with an elder law attorney ensures your documents are airtight and tailored to your needs.
Visit Worley Elder Law to schedule a consultation and secure your health care future today.