Designations of Healthcare Surrogate

What is a Designation of Healthcare Surrogate?

A document that allows individuals to plan for their future health care needs and name health care agents.

What types of things can a healthcare surrogate do?

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.

Does a Designation of Healthcare Surrogate only apply I have a terminal condition?

No. A person does not need to have a terminal, end-stage, or persistent vegetative state condition for a surrogate to be able to act pursuant to a valid Designation of Healthcare Surrogate.

Can my healthcare surrogate make decisions for me immediately?

Yes. Under current Florida law, a Designation of Healthcare Surrogate can provide that a healthcare surrogate may receive health information or make health care decisions, or both, immediately without the necessity for a determination that you are incapacitated.

Should I have an attorney draft my Designation of Healthcare Surrogate document?

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.