Loune-Djenia Askew, Esq.
Apr 24, 2023
The state of Florida recognizes the right of any capable adult to create a health care surrogate designation. This designation is typically used to allow your named surrogate to make every day medical care decisions on your behalf.
The state of Florida recognizes the right of any capable adult to create 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.
What is a Health Care Surrogate?
Any competent adult may designate authority to a Health Care Surrogate to make all health care decisions during any period of incapacity. During the maker's incapacity, the Health Care Surrogate has the duty to consult expeditiously, with appropriate health care providers. The Surrogate also provides informed consent and makes only health care decisions for the maker, which he or she believes the maker would have made under the circumstances if the maker were capable of making such decisions. If there is no indication of what the maker would have chosen, the Surrogate may consider the maker's best interest in deciding on a course of treatment.
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 our office at Askew & Associates, P.A. by calling 954-546-2699.