A document that allows individuals to plan for their future health care needs and name health care agents.
Under Florida law, powers that can be designated to a healthcare surrogate include the general authority to act for the individual and to make decisions in the healthcare area, to provide informed consent for healthcare, to provide access to a person’s health information, to apply for benefits on a person’s behalf, to authorize the admission, discharge, or transfer of the principal to/from the healthcare facility. This includes mental health treatment.
Yes. HIPAA can cause issues regarding access to medical information and records if the Designation does not include specific authorization to the surrogate. An estate planning attorney can advise you of those issues and try to help you avoid them by including specific language to authorize information protected by HIPAA. The State of Florida has very specific requirements for executing a Designation of Healthcare Surrogate. A Designation can be ineffective if executed incorrectly. An estate planning attorney can also ensure that the document is executed properly and in accordance with Florida law
To learn more about Designations of Health Care Surrogate and other estate planning vehicles, click here to schedule a consultation online now.
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