The idea of a health emergency can make anyone uneasy. It is especially troubling to think of a situation when you might be unable to make healthcare decisions. Who will make decisions on your behalf? What type of care will you receive? That is when a healthcare surrogate becomes crucial. This post will explore what it means to have a healthcare surrogate in Florida. It will cover why you may want one and the laws governing healthcare surrogates.
Healthcare Surrogate in Florida: What You Need to Know
What is a Healthcare Surrogate?
A healthcare surrogate is a person you appoint to decide about your medical interventions if you are unable to. Beyond making decisions, this person will also have access to your medical records. Assigning a healthcare surrogate ensures you have a person you trust making decisions.
Purpose of a Healthcare Surrogate
A healthcare surrogate’s primary purpose is to act as a decision-maker. It not only ensures your care, but it can also clear confusion about who should be making decisions. For example, if you care for senior parents, you might be unable to access some information due to privacy laws. If you are their healthcare surrogate, you can access this information quickly to make timely decisions.
Healthcare Surrogate Requirements
Section 765.202 of Florida Statutes states the requirements for being a healthcare surrogate. Here are some requirements provided under the law:
- The principal must sign the written document assigning a person to be their healthcare surrogate. Two adult witnesses must also be present at the signing.
- Witnesses must be 18 or older. At least one witness should be neither the principal’s spouse nor a blood relative.
- The person designated by the principal as a surrogate cannot act as a witness.
- Both the name of the principal and the surrogate must be in the designation.
Period of Surrogacy
How long does a healthcare surrogacy last? You can assign a termination date in your written document or revoke the designation at any time.
Risk of Not Having a Healthcare Surrogate
What happens if you don’t have a healthcare surrogate? In that event, the courts may appoint someone to decide for you. That is why it is important to have a written document designating a healthcare surrogate.
Having a Healthcare surrogate is a critical document. It can help you save time when making decisions about your health, lessen your anxiety, and minimize confusion. It is also a way to ensure your wishes. That is why many consider it a vital part of incapacity planning.
Do you need elder law or estate planning services? Click here to contact Scott Law Offices. We are dedicated legal advocates for seniors. Reach out now to learn more about how we can help.
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