Incapacity planning is an essential consideration for older people. What would happen if you were ill or injured and unable to make decisions? Who would decide on your behalf? To ensure clarity and your wishes, you should designate a healthcare surrogate. This post will examine designating a healthcare surrogate in Florida.
The Basics of Healthcare Surrogate in Florida
Under Florida law, you can designate another individual to make healthcare decisions for you in the event of incapacity. This person steps in when doctors determine incapacitation due to injury or illness. Through healthcare surrogacy, you authorize the individual to access relevant medical records and make healthcare decisions. By appointing a trusted individual, you ensure your wishes. However, it is important to communicate healthcare preferences to this chosen individual while you’re able.
Who Can Be Your Healthcare Surrogate?
The law allows you to select almost anyone to be your healthcare surrogate. The key requirements are that they be at least 18 and mentally competent. Choosing family members or close friends to take this role is common. The critical point is to choose someone you trust to honor your wishes. Additionally, you should ask someone before designating them as your healthcare surrogate. Ensure they are comfortable accepting this responsibility. You can also select an alternate surrogate who can step in if your first choice cannot serve.
What if You Don’t Have a Healthcare Surrogate?
Designating a healthcare surrogate ensures your wishes and provides clarity when you can’t make medical decisions. If you don’t have a surrogate, Florida law provides an order doctors must follow to determine a decisionmaker. If you have a court-appointed guardian, they’ll typically be the first choice. Without a guardian, the individual’s spouse would be the next choice. Beyond that, a close family member like an adult child or living parent would be next. From there, they might ask your siblings or other relatives. If the doctor can’t find a decisionmaker, they may have to look to a social worker.
Are There Other Requirements?
A healthcare surrogacy is a legal document you create to delegate these decisions. The name of the principal and the surrogate must appear in the document. It should also state that you authorize them to access relevant medical records and make healthcare decisions. You must also sign and date the document in front of two witnesses over 18 and mentally competent. The healthcare surrogate cannot serve as a witness. You must have at least one witness who is not a relative.
Establishing a healthcare surrogate can be a significant step in incapacity planning. You may also want to set up a living will and financial power of attorney. However, every person’s situation is unique. You should consult an attorney during incapacity planning.
Do you need help with incapacity planning or healthcare surrogacy? Click here to contact the Scott Law Offices. Our elder law team is ready to help you and your family navigate these issues.
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