Designation of Health Care Surrogate

 What is the Role of a Health Care Surrogate in Florida?

Although many of us don’t consider the rare circumstance when we are unable to communicate or decide our own wishes, it’s important to put in place the necessary legal documents just in case that situation arises. One of those documents is a Designation of Health Care Surrogate.

What is a Health Care Surrogate?

A Health Care Surrogate is a person of your choice who will make healthcare decisions and receive health care information on your behalf if you are ever incapacitated. You might choose your spouse, an adult child, a parent, a sibling, or a close friend or relative as your Health Care Surrogate. Your surrogate should be someone who knows you well enough to know what healthcare decisions you would likely make for yourself. Upon choosing a Health Care Surrogate, you should have a conversation with the person about your beliefs and preferences relating to healthcare and end-of-life care, including any religious preferences that may be relevant.

Why Do I Need a Health Care Surrogate?

Every adult needs a Health Care Surrogate because the unexpected can happen. While we hope you will avoid tragedy your whole life, a disaster in need of medical attention can happen to anyone and at any age. In the event you lose your physical or mental power of decision-making, your Health Care Surrogate will make those important medical decisions for you.

Who Should I Choose as My Health Care Surrogate?

When you consider which of your close family members or friends will be the person to make important healthcare decisions for you, a few factors can guide you. For one, you will want a person who is willing and able. Is the person you are considering someone who is responsible and good at making decisions under pressure? Can he or she follow directives and speak up for you in a time of crisis? Is the person in good physical and mental shape him or herself? Next, will you want someone who lives near you and will be at your bedside while making these decisions, or can this person dictate from afar? You may want to choose a surrogate who has similar religious and/or medical wishes as you. It may not be easy for someone to implement directives that are far opposed to their own beliefs.

What Happens if I Don’t Have a Health Care Surrogate?

If you have not properly designated a Health Care Surrogate and end up needing someone to make healthcare decisions for you, the State of Florida supplies a list of people who will be designated by default, the first of which will act as your proxy and then continue down the line:

• A court-appointed guardian (if you have one)
• Your spouse
• Your adult child or children
• Your parent or parents
• Your adult sibling or siblings
• A close relative who has exhibited special care/concern for you and has maintained regular contact
• A close friend
• A clinical social worker

While the list may be in line with your wishes and was created to supply a good method of picking the right person, it’s not necessarily right for everyone. Or, in the case where your two parents or two children must agree, for example, the two may not agree easily and the person who gets the vote may not be the one whose thoughts are in line with yours. To minimize the confusion and to maximize the chance that the right choice will be made, every adult should properly designate a Health Care Surrogate.

 ⚠️ Disclaimer: We are not attorneys and do not provide legal advice or representation. All services are based on information you provide. If your situation is complex or you require legal counsel, we will gladly refer you to a trusted attorney in our network.

It is important to know that we are NOT attorneys and cannot give legal advice. We are document preparers and do not work under the supervision of an attorney but instead provide document preparation services to the general public.