Medical and health decisions are some of the most personal types of decisions in your life. You want to make sure your healthcare decisions are made in accordance with your preferences, especially if you become unable to communicate or make decisions for yourself.
In the state of Florida, the process of designating a health care surrogate is a legally recognized means to appoint someone you trust to make medical decisions on your behalf. This process provides you with peace of mind, knowing that your healthcare choices will be honored in times of incapacity.
If you’re wondering whether it’s time to set up a health care surrogate for yourself or your family member, call our office. William C. Law Group can help you navigate tough estate planning decisions.
The Purpose Of A Designation Of Health Care Surrogate
If you have family members urging you to designate a surrogate, but you’re not convinced, exploring the purpose of the surrogate might help. The following questions and answers will help you determine whether a health care surrogate would be helpful in your situation. And, you can always call our offices to set up an appointment and speak with an attorney about this decision.
- What can a health care surrogate do? A health care surrogate in Florida can make medical decisions on behalf of the individual they represent if that person becomes incapacitated and unable to make those decisions themselves. This includes choices about treatment options, medical procedures, and end-of-life care.
- What are the responsibilities of a health care surrogate? The responsibilities of a health care surrogate primarily involve advocating for and implementing the incapacitated person’s healthcare wishes as specified in the designation document. They must work closely with healthcare providers to ensure that the individual’s preferences and values are respected in all medical decisions.
- What is the difference between a living will and a health care surrogate? A living will and a designation of health care surrogate serve related but distinct purposes. A living will typically outlines specific healthcare preferences, treatment choices, and end-of-life decisions in advance. In contrast, a health care surrogate is an appointed individual who makes healthcare decisions on behalf of the person when they are unable to communicate or make decisions themselves based on their overall preferences.
- What else should I consider? When designating a health care surrogate, consider the following: Select someone trustworthy who understands your values. Make sure to communicate your healthcare wishes clearly with your surrogate and to your medical providers. Keep the designation document up-to-date if circumstances change.
Is a Health Care Surrogate Separate from a Living Will?
You may also be wondering if your health care surrogate should be separate from your living will. Separating your health care surrogate designation from your living will is essential because it allows for a clear distinction in their roles. While a living will outlines specific treatment preferences and end-of-life instructions, the health care surrogate is appointed to make real-time healthcare decisions on your behalf in various medical situations.
This separation ensures flexibility, clear communication with healthcare providers and healthcare facilities, and comprehensive healthcare planning, enabling your trusted surrogate to make decisions that may not be explicitly covered in your living will, while also respecting your specific healthcare preferences when necessary.
What Is The Process Of Designating A Surrogate?
Designating a health care surrogate in Florida involves several steps. Here is an overview of the process:
- Selection of a Surrogate: The first step is to choose a trusted individual to serve as your health care surrogate. This person should be someone who understands your values, beliefs, and preferences regarding medical treatment. It is crucial to have an open and honest discussion with your chosen surrogate about your healthcare wishes.
- Documentation: In Florida, the formal designation of a health care surrogate is typically done through a legal document known as a “Health Care Surrogate Designation.” This document should clearly outline the authority and responsibilities of the surrogate and should be executed in compliance with Florida law.
- Signing the Designation: The Health Care Surrogate Designation must be signed in the presence of two adult witnesses who are not the designated surrogate and are not involved in your healthcare, or it can be signed in front of a notary public. This ensures the document’s validity.
- Medical Decision-Making Authority: Once the designation is in place, your health care surrogate will have the authority to make medical decisions on your behalf if you are unable to do so. This authority typically extends to decisions about treatment options, medical procedures, and end-of-life care.
- Revocation and Updating: You can change or revoke your health care surrogate designation at any time, as long as you are of sound mind and capable of making such decisions. It is important to keep your surrogate designation up to date if your circumstances or preferences change. If you’re wondering whether you should update your surrogate designation, consider whether your needs have changed and whether your relationship with your designated surrogate has changed.
The process is relatively straightforward. However, each case can be a little different, so it’s important to consult with an estate planning attorney.
Designation Of Health Care Surrogate Requirements
In Florida, the legal requirements for a health care surrogate typically include the following:
- Designation Document: You must create a formal “Health Care Surrogate Designation” document that clearly identifies your chosen surrogate.
- Signing and Witnesses: The designation document must be signed by you in the presence of two adult witnesses who are not your surrogate and have no involvement in your healthcare, or it can be signed in front of a notary public.
- Sound Mind: You should be a competent adult of sound mind when making this designation, meaning you must have the mental capacity to understand the nature and implications of the document.
- Voluntary Decision: Your choice to appoint a health care surrogate should be made voluntarily, free from coercion or undue influence.
- Revocable: The designation is typically revocable, meaning you can change or revoke it at any time as long as you are of sound mind to do so.
How an Estate Planning Attorney Can Help
Estate planning isn’t a cookie-cutter process. Each family has a different dynamic, and each individual has different wishes. An estate planning attorney can help you cut through all of the confusion and get the important decisions on paper.
Whether you’re ready to take the next step or you’re still figuring out if you need a health care surrogate, we can help. Call William C. Law Group today to schedule a time to talk. There’s no better time to prioritize your health and well-being.
The contents of this article are not comprehensive, they provide only a general overview of the subject matter discussed. This article does not establish a client-attorney relationship with the reader, and no legal decisions should be made based on the article’s contents. Because every legal matter arises under unique facts specific to the client, no legal decision should be made without consulting a licensed attorney.
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