Medical emergencies can happen at any time, leaving a person unable to make their own healthcare decisions. If you suddenly become unconscious, suffer a stroke, or develop a severe illness that impacts your ability to communicate, who will decide on your medical care? Many people assume that their spouse or adult children can automatically step in, but in Florida, that is not always the case.
When no advance directive, such as a Health Care Surrogate, has been put in place, Florida law assigns a Health Care Proxy to make medical decisions on your behalf. However, this process may not always reflect your personal wishes. At Elderly Care Law Firm, we help families understand Florida’s health care proxy laws, ensuring that their loved ones receive the medical care they need without unnecessary delays or conflicts.
What is a Health Care Proxy in Florida?
A Health Care Proxy is a person chosen by Florida law—not by you—to make medical decisions when a patient is incapacitated and has not legally appointed a Health Care Surrogate. A proxy only comes into play when:
- A person is unable to make their own medical decisions due to injury, illness, or cognitive impairment.
- There is no valid Health Care Surrogate document in place.
In this situation, Florida law determines who has priority in making medical choices for you.
Who Can Be a Health Care Proxy in Florida?
If no legal surrogate has been named, Florida follows a specific order of priority for choosing a Health Care Proxy:
- A court-appointed guardian (if one exists).
- A spouse.
- An adult child (or a majority of adult children if there is more than one).
- A parent.
- A sibling.
- A close friend who has maintained regular contact with you and is familiar with your medical condition.
- A licensed social worker, physician, or hospital ethics committee member (only if no family or close friends are available).
This means that if no spouse or adult children are available, a distant relative or even a hospital-appointed stranger may end up making medical decisions for you.
How is a Health Care Proxy Different from a Health Care Surrogate?
Many people confuse a Health Care Proxy with a Health Care Surrogate, but they are very different legal concepts. The key differences include:
- A Health Care Surrogate is chosen by you in advance. You sign a legal document stating who you want to make decisions for you if you become incapacitated.
- A Health Care Proxy is assigned by Florida law. If no legal surrogate is named, the state decides who has the authority to make medical choices.
- A Health Care Surrogate can be anyone you choose. It can be a friend, partner, or relative you trust.
- A Health Care Proxy follows a specific order. Florida law dictates who will serve in this role, whether you would have chosen them or not.
What Decisions Can a Health Care Proxy Make?
If you become incapacitated, your Health Care Proxy will have full authority to make medical decisions, including:
- Approving or refusing medical treatments
- Deciding on surgeries or life-saving procedures
- Consenting to or denying medications
- Choosing healthcare facilities or nursing homes
- Making end-of-life care decisions, including life support and resuscitation
What Happens If Family Members Disagree?
If multiple adult children or family members qualify to serve as your Health Care Proxy, disagreements can arise. Some of the most common disputes include:
- One child believes life support should be continued, while another wants to withdraw treatment.
- Family members argue over whether to approve a risky surgery.
- Siblings disagree on moving a parent into a nursing home or hospice care.
Without a pre-established Health Care Surrogate, these disagreements can escalate into legal battles, requiring the courts to step in and decide who has the final say.
Can a Health Care Proxy Be Removed or Overruled?
If a person disagrees with the medical decisions made by a Health Care Proxy, they can challenge it in court. However, this process takes time, and during medical emergencies, delays can have serious consequences. The best way to avoid disputes and ensure your wishes are followed is to legally appoint a Health Care Surrogate in advance.
Why You Should Not Rely on a Health Care Proxy Alone
Relying on a Health Care Proxy instead of proactively naming a Health Care Surrogate can lead to delays, confusion, and legal conflicts. A few risks of not having a legal surrogate include:
- A person you would not have chosen could be making life-or-death decisions for you.
- Family disputes could cause medical care to be delayed or denied.
- A hospital administrator or social worker could be assigned if no relatives are available.
- Your medical wishes may not be known or honored.
How Can an Attorney Help?
At Elderly Care Law Firm, we help individuals and families understand Florida’s Health Care Proxy laws and ensure that medical decisions are made in the best interest of the patient. Our legal team can:
- Advocate for family members when there is confusion over proxy selection.
- Help remove or challenge an unfit Health Care Proxy.
- Assist families in obtaining guardianship when necessary.
- Ensure that medical providers follow Florida law when determining a Health Care Proxy.
If your loved one is in a medical crisis and no legal Health Care Surrogate was named, or if you want to avoid these risks by naming a surrogate in advance, call Elderly Care Law Firm at (305) 564-6606 today for a consultation.
