On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | May 11, 2023 | Estate Administration & Probate
A Designation of Health Care Surrogate is a legal document that allows you to choose someone to make important healthcare decisions on your behalf if you are unable to do so yourself. Some of the benefits of having a Designation of Health Care Surrogate are:
- It ensures you get the treatment you want according to your preferences and values.
- It gives a person of your choosing access to your healthcare professionals, healthcare facilities, and healthcare information in order to make informed decisions on your behalf.
- It allows you to leave instructions for specific situations or scenarios.
- It reduces confusion or disagreement among your family members or caregivers.
Choosing an Agent
Any competent adult who is at least 18 years old can be your healthcare surrogate. Ask that person whether he or she agrees to act for you before you complete your advance directive. You may also want to choose a second person as an alternate in case your first choice is unavailable or otherwise unable to make decisions on your behalf. If you appoint your spouse as your health care surrogate and you later divorce, the appointment of your spouse is revoked unless you say otherwise in your advance directive.
What if I am Not Married and My Family is Not Available
You do not have to choose a family member for your healthcare surrogate. You can choose anyone who meets the legal requirements and who you trust to make decisions for you. However, if you do not have a designated healthcare surrogate and become incapacitated Florida law directs your doctor to use tge the following list to determine a decision-maker for you:
- Guardian (Only if appointed by a court)
- Your Spouse
- Your adult child(ren)
- Parent(s)
- Sibling(s)
- Another relative (knows you well enough to know what you would want)
- Friend (knows you well enough to know what you would want)
- Social Worker
However, without specific written authorization by you (typically granted in a health care surrogate designation), any such person is not going to be able to access your healthcare information and your healthcare providers cannot release any such information.
Get an Attorney Involved
You should have an attorney help you with your designation of a healthcare surrogate for several reasons. An attorney can:
- Help you understand the legal requirements and implications of your document.
- Draft a clear and valid document that reflects your wishes and values.
- Advise you on how to choose an agent and communicate with them.
- Help you avoid potential conflicts or challenges from your family members or healthcare providers.
The experienced estate planning attorneys at Frye, Fortich & Garcia, P.L. answer all your questions about establishing an advanced directive and designation of a healthcare surrogate along with any other estate planning issues call 305-931-3200 of email us through our website to set up a confidential consultation.
