The Adams Law Firm, P.A.
FloridA Estate planning, Florida Probate & Guardianship
(407) 270-3724
Q&A on Florida Health Care Surrogates
Q: What is a Health Care Surrogate?
A: A health care surrogate is an adult who is appointed to make healthcare decisions for you when you become unable to make them for yourself.
Q: What's the difference between a Medical Power of Attorney and a Health Care Surrogate?
A: The main difference between a medical power of attorney and a healthcare surrogate is that you appoint a medical power of attorney representative to make healthcare decisions for you when you become unable to make them for yourself. You can specify what healthcare decisions your medical power of attorney can make. A healthcare surrogate, on the other hand, is someone who is appointed to make healthcare decisions for you when you become unable to make them for yourself. You have no say in who becomes your healthcare surrogate. You can avoid having a healthcare surrogate appointed if you have appointed a medical power of attorney representative and that representative is still willing and able to serve.
Florida Health Care Surrogate
The Adams Law Firm, P.A. recommends everyone speak to a Probate and Estate Planning attorney about their Advanced Directives. "Advance directive” means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal’s desires are expressed concerning any aspect of the principal’s health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift.
The Florida Supreme Court has approved forms for use related to advanced directives, but we recommend that you speak to an experienced attorney to help draft these documents, along with wills, trusts, or other estate planning documents.
For more information, see the following helpful links:
Florida Statutes Chapter 765 HealthCare Advanced Directives