What Is a Health Care Surrogate?
Also known as a health care power of attorney, this is a person you authorize to serve as your health care advocate and make decisions on your behalf during any period of incapacity, either temporarily or permanently. A health care surrogate provides informed consent for your treatment and decisions which they reasonably believe you would have made under the circumstances if you were able. Since you choose this person while you’re still alive and well, you have the opportunity to think about who best serves in this position and then discuss your explicit concerns with them.
Steps Your Florida Estate Planning Attorney Takes to Establish a Health Care Surrogate
According to Florida law, your lawyer will draft what’s called a health care surrogate designation form. This form names the health care surrogate along with a general description of the powers granted to the health care surrogate. Then, you and your surrogate sign the directive in the presence of two witnesses—at least one of whom isn’t your spouse or a blood relative—and it’s notarized. Your attending physician should also sign the form, acknowledging that you’re competent enough to appoint a health care surrogate.