The state of Florida recognizes the right of any capable adult to create an advance directive known as a health care surrogate designation.
This designation is typically used to allow your named surrogate (and their successors) to make every day medical care decisions like consent to surgery, consent to treatment, admission to a health care facility and the hiring and firing of doctors, nurses and therapists.
They can also be used to inform your doctor to withhold, provide, or withdraw life-prolonging procedures in accordance with your wishes and/or to express your desire to make anatomical donations after death.
What are the advantages of a health care surrogate designation?
The health care surrogate designation is one of the cornerstones of your advanced medical directives, which is a written document that provides instructions concerning all aspects of your medical care and can include your living will.
This instrument gives you the opportunity to name someone you trust to make decisions regarding your health care.
It also allows you to decide in advance what sort of medical treatments you do or don’t want to receive.
It is an important directive to have in place in the event you become sick and are unable to make your own health care decisions.
Advanced directives can ensure that your wishes in regard to how you want to be treated medically are granted.
When does it end?
The authority of a health care surrogate can end when:
- The principal dies.
- The principle revokes the designation.
- The term of the health care surrogate ends as designated in the written document.
- The principal files for divorce and the health care surrogate is his/her spouse.
How can I designate a health care surrogate?
Health care surrogate designations should be made through a written instrument prepared by competent legal counsel.
This directive should be signed in the presence of two witness, at least one of whom is neither a blood relative or spouse of the creator of the document.
It is also in your best interest to consult with an experienced estate planning attorney before designating a health care surrogate.
Contact the law Offices of Hoyt & Bryan
If you wish to learn more about a health care surrogate designations in Florida, contact The Law Offices of Hoyt & Bryan online or call us at (407) 977-8080.
We are Central Florida’s leading estate planning and elder law firm.
As the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates and Elder Law, we have years of experience helping people plan for their future and that of their family.