Making important medical decisions for yourself is something most people take for granted. But what happens if an accident, serious illness, or cognitive decline leaves you unable to make those decisions? Without a Health Care Surrogate, your family may face delays, confusion, and even legal battles over your medical care.

At Elderly Care Law Firm, we help Florida residents legally designate a Health Care Surrogate to ensure their medical decisions are made by someone they trust.

What is a Health Care Surrogate in Florida?

A Health Care Surrogate is someone you legally appoint in advance to make medical decisions for you if you become unable to do so. This person, also known as a medical power of attorney, has the legal right to:

• Speak with doctors and make treatment decisions.
• Approve or refuse medical procedures.
• Access your medical records.
• Decide on long-term care options, such as hospice or nursing home care.
• Make end-of-life decisions if necessary.

Unlike a Health Care Proxy, which is assigned by Florida law when no surrogate is named, a Health Care Surrogate is chosen by you ahead of time to ensure that the right person is making medical decisions on your behalf.

Why is a Health Care Surrogate Important?

If you become incapacitated and do not have a legally named Health Care Surrogate, Florida law will automatically assign a Health Care Proxy to make medical decisions for you. This could lead to:

• Family disagreements about what care is best.
• Delays in treatment if multiple family members cannot agree.
• The wrong person making medical decisions if Florida’s legal order does not align with your wishes.
• A hospital administrator or court making decisions instead of a loved one.

Having a Health Care Surrogate in place ensures that you, not the state, decide who speaks for you when it comes to your medical care.

Who Can Be a Health Care Surrogate in Florida?

You can choose any competent adult to serve as your Health Care Surrogate, including:

• Your spouse or partner
• An adult child
• A sibling or close friend
• A trusted legal or medical advisor

It’s important to select someone who:

• Understands your medical preferences and will follow your wishes.
• Can handle high-pressure decisions in emergencies.
• Is available and willing to serve in this role.

You can also designate an alternate surrogate in case your first choice is unavailable.

Can a Health Care Surrogate Make Decisions While I Am Still Competent?

Yes, but only if you specify it in your legal document. Some people choose to give their surrogate immediate decision-making power, while others only allow their surrogate to act if they become incapacitated.

For example, if an elderly person is beginning to experience memory loss but can still make decisions, they may choose to allow their surrogate to assist with medical decisions immediately rather than waiting for full incapacity.

Can I Change or Remove a Health Care Surrogate?

Yes. As long as you are mentally competent, you can revoke or update your Health Care Surrogate designation at any time. If your relationship with your surrogate changes or you feel they may no longer be the best choice, you can legally assign someone else.

How Can an Attorney Help?

At Elderly Care Law Firm, we help individuals and families:

• Legally appoint a Health Care Surrogate to avoid confusion and delays in medical care.
• Ensure their medical wishes are followed, including end-of-life care.
• Avoid family disputes by having clear legal documents in place.

If you want to choose who will make medical decisions for you, rather than leaving it up to state law, call Elderly Care Law Firm at (305) 836-4697 today for a consultation.