In the state of Florida, a Health Care Proxy, more commonly referred to as a "Designation of Health Care Surrogate," allows an individual (the "principal") to appoint another person (the "surrogate") to make health care decisions on their behalf if they become incapacitated or are unable to make decisions for themselves. Here's what's generally included in such a document:
Designation of the Surrogate: The name, address, and contact details of the person you are appointing to make health care decisions on your behalf.
Alternate Surrogate: You can designate an alternate surrogate if the primary surrogate is unable or unwilling to act.
Specific Powers: Details regarding what medical decisions the surrogate is authorized to make. This could include decisions related to medical treatments, surgical procedures, and other health care actions.
Duration: Unless otherwise stated, the designation is effective immediately and will continue until it's revoked. Some individuals choose to have it effective only upon incapacitation.
Statement on Pregnancy: Florida has specific laws regarding pregnant patients. The document might contain provisions or statements about decisions if the principal is pregnant.
Directions for Interventions: Any specific desires or directions about life-prolonging procedures, tube feeding, or other interventions can be included, though these are also often detailed in a separate document called a "Living Will."
Organ Donation: Some health care surrogate forms may also include sections about organ and tissue donation, but this can also be handled separately.
HIPAA Release: The Health Insurance Portability and Accountability Act (HIPAA) has strict rules about who can access medical records. The designation usually includes language that gives the surrogate the right to access the principal's medical records.
Revocation of Prior Designations: A statement that revokes any prior health care surrogate designations to prevent confusion or conflicts.
Signature and Witnesses: The principal's signature is required, and Florida law mandates that the designation be witnessed by two adult witnesses. One of the witnesses cannot be the designated surrogate. There are additional restrictions on who can serve as a witness, especially if the principal is in a care facility.
Optional Sections: Some documents might have optional sections or additions related to specific medical conditions, preferences on facilities, or other unique scenarios.
In the state of Florida, a Health Care Proxy, more commonly referred to as a "Designation of Health Care Surrogate," allows an individual (the "principal") to appoint another person (the "surrogate") to make health care decisions on their behalf if they become incapacitated or are unable to make decisions for themselves. Here's what's generally included in such a document:
Designation of the Surrogate: The name, address, and contact details of the person you are appointing to make health care decisions on your behalf.
Alternate Surrogate: You can designate an alternate surrogate if the primary surrogate is unable or unwilling to act.
Specific Powers: Details regarding what medical decisions the surrogate is authorized to make. This could include decisions related to medical treatments, surgical procedures, and other health care actions.
Duration: Unless otherwise stated, the designation is effective immediately and will continue until it's revoked. Some individuals choose to have it effective only upon incapacitation.
Statement on Pregnancy: Florida has specific laws regarding pregnant patients. The document might contain provisions or statements about decisions if the principal is pregnant.
Directions for Interventions: Any specific desires or directions about life-prolonging procedures, tube feeding, or other interventions can be included, though these are also often detailed in a separate document called a "Living Will."
Organ Donation: Some health care surrogate forms may also include sections about organ and tissue donation, but this can also be handled separately.
HIPAA Release: The Health Insurance Portability and Accountability Act (HIPAA) has strict rules about who can access medical records. The designation usually includes language that gives the surrogate the right to access the principal's medical records.
Revocation of Prior Designations: A statement that revokes any prior health care surrogate designations to prevent confusion or conflicts.
Signature and Witnesses: The principal's signature is required, and Florida law mandates that the designation be witnessed by two adult witnesses. One of the witnesses cannot be the designated surrogate. There are additional restrictions on who can serve as a witness, especially if the principal is in a care facility.
Optional Sections: Some documents might have optional sections or additions related to specific medical conditions, preferences on facilities, or other unique scenarios.
While the above outlines the general components of a Designation of Health Care Surrogate in Florida, it's essential to consult with legal counsel or a professional familiar with Florida's specific statutes and requirements to ensure that any document is valid and comprehensive.
