The Importance of a Health Care Surrogate

A health care surrogate is an important part of your estate plan. A designation of health care surrogate allows you to appoint a trusted family member or friend to make health care decisions on your behalf if you become incapacitated or otherwise unable to make your own informed decisions. A health care surrogate can also receive protected health information (your medical records).

In the state of Florida, a Designation of Health Care Surrogate can take effect immediately or upon your incapacitation. If you are not incapacitated, your own decisions regarding your healthcare will be final, but your appointed agent can still obtain your medical records and often, can still have discussions with your doctors. Such a setup can be helpful for elderly parents: they may wish for you to be their health care surrogate but want to retain power to make their own healthcare decisions.

The designated surrogate/agent should be someone you trust and have discussed your wishes with. You, as the principal, can also outline some instructions or restrictions regarding your wishes about medical treatment. The health care surrogate must act according to the instructions included in the designation. If you do not make any specific instructions or restrictions, the surrogate is to act in your best interest.

Health Care Surrogate Taking Effect and Revocation

Your appointed agent will step in to make health care decisions for you once a primary or attending physician has determined that you lack capacity to make those decisions. A primary or attending physician can also find that your capacity has been restored and thereby negate the need for the agent to make decisions on your behalf.

Generally, if you are able to understand and knowingly communicate health care decisions, you have capacity and able to make your own decisions. Your Designation of Health Care Surrogate will remain effective until you revoke it (unless you predetermine a termination date).

Who Can Serve as a Health Care Surrogate

In Florida, any competent adult can be designated as a health care surrogate. However, it is important that you select someone who you trust and with whom you have discussed your wishes. This will help ensure your wishes are followed and gives your health care surrogate a basis for making the best decision on your behalf.

Florida Estate Planning Attorney

If you are in Florida and are interested in discussing estate planning, contact us today. If you are ready to get started on your Florida estate plan, you can do so here.