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Julie Osterhout JULIE OSTERHOUT
Elder Law Attorney
Of Counsel
Lance McKinney LANCE MCKINNEY
Certified Elder Law
Attorney
Beth Prather BETH PRATHER
Certified Elder Law
Attorney
Britton Swank BRITTON SWANK
Elder Law
Attorney

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FLORIDA HEALTH CARE SURROGATES

When you name a Health Care Surrogate in writing, that person can make medical decisions for you only if you become incapacitated and unable to make your own decisions. Decisions pertaining to your health include the right to choose or refuse any type of medical treatment including the use of artificial food and hydration.  As long as they are legal, you may spell out the guidelines for the person to follow. This eases the decision-making process in a stressful time for the surrogate and family because you set forth your wishes.


In Florida, the Health Care Surrogate appointment must be signed in the presence of two witnesses, one of whom cannot be a blood relative. There is no legislated form to use, so the wording in Health Care Surrogate documents varies greatly. This allows you the flexibility to write a document that sets forth your specific wishes. The law permits you to give authority to the surrogate to consent to medical treatment, surgical and diagnostic procedures; to provide, withhold or withdraw consent for medical procedures; and to authorize admission to health care facilities.

It is also important that the person you name knows your wishes, values and preferences -- and has agreed to follow them. Also, talk with your physician and make sure your physician will honor your wishes within the boundaries of Florida law.

A copy of the document should be a part of your medical record and must be presented every time you enter the hospital. It is suggested that you review, initial and date the document each year so that the medical community is assured it still sets forth your wishes.

If you do not sign a document appointing a health care surrogate, the law allows your next-of-kin to step in and act on your behalf.

     

 

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3783 Seago Lane
Fort Myers, Florida 33901
Phone: (239) 939-4888
Fax: (239) 277-0601