If you are ever in a situation where you cannot speak for yourself — whether due to an accident, surgery, illness, or incapacity — who will make your medical decisions? In Florida, without a Healthcare Surrogate Designation, the answer may not be who you would choose.
What Is a Healthcare Surrogate Designation?
A Healthcare Surrogate Designation is a legal document in which you name a trusted person — your Healthcare Surrogate — to make medical decisions on your behalf when you are unable to make them yourself. In Florida, this document is governed by the Health Care Advance Directives Act, Chapter 765 of the Florida Statutes.
What Decisions Can a Healthcare Surrogate Make?
• Consent to or refuse medical treatments and procedures
• Access your medical records and communicate with your healthcare providers
• Make decisions about surgeries, medications, and life-sustaining treatment
• Authorize transfers to other medical facilities
• Make end-of-life care decisions if authorized to do so
Is This the Same as a Power of Attorney?
No. A Durable Power of Attorney covers financial and legal matters. A Healthcare Surrogate Designation covers medical decisions. They are separate documents, and both are important components of a complete estate plan. Some people name the same person for both roles. Others prefer to separate them depending on the strengths of the individuals they trust.
What Happens Without a Healthcare Surrogate Designation?
Without this document, Florida law creates a hierarchy of individuals who can make medical decisions for you — starting with your spouse, then your adult children, then your parents, and so on. This may not reflect your wishes. Additionally, disputes among family members about your care can lead to court intervention. A Healthcare Surrogate Designation avoids uncertainty and conflict by making your choice clear.
Who Should I Name as My Healthcare Surrogate?
Name someone you trust completely to follow your wishes — even under pressure. This person should be emotionally capable of making difficult decisions, willing to advocate for you, and ideally someone who understands your values regarding medical care. You should also name an Alternate Healthcare Surrogate in case your first choice is unable or unwilling to serve.
Florida Execution Requirements
A Healthcare Surrogate Designation in Florida must be signed in the presence of two witnesses. Neither witness may be your Healthcare Surrogate, and at least one witness must not be a blood relative, spouse, or person entitled to any portion of your estate.
Ready to Get Started?
Estate planning is one of the most important steps you can take for your family. Attorney Erica Irizarry offers free, confidential consultations for all estate planning matters. Call 656-206-0609or complete our online intake form to get started today.
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