In Florida, the medical power of attorney is also known as a Health Care Surrogate, which is a type of advanced directive. A Health Care Surrogate is appointed to make medical decisions for an individual if that individual becomes unable to make their own decisions.
A Health Care Surrogate is typically appointed when an individual becomes incapacitated, often defined as the physical and/or mental inability to make informed, or rational judgments and decisions.
The powers vested in the health care surrogate include the ability to consent to treatments and organ donations, refuse care, or make end-of-life choices. A Health Care Surrogate must be willing, able, and reasonably available to perform their duties. Otherwise, an alternative Health Care Surrogate may be designated.
Florida Statute 765.202 details the requirements for designing a health care surrogate. A health care surrogate must be at least 18 years old. The designation of Health Care Surrogate must be written and witnessed by two individuals. At least one witness cannot be a spouse or a blood relative. The principal must sign in the presence of the two witnesses, and the two witnesses must sign in the presence of the principal.
A Health Care Surrogate can be arranged at any time. Florida recognizes and honors the power of medical attorneys and health care surrogates completed in other states.
A health care surrogate may be changed, or their duties may be dismissed at any time.
Any changes should be written, signed, and dated. A new written Designation of Health Care Surrogate form will effectively revoke a previous form. A health care surrogate may be changed or canceled orally as well, such as physical destruction of the advance directive document.
In Florida, to designate the health care surrogate, the party must file a Florida Designation of Health Care Surrogate form. Florida Statute 765.203 portrays a modeled form and states the requirements for this form.
It is recommended that a health care surrogate be appointed as part of an individual’s estate planning strategies.