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Understanding Florida Health Care Surrogate

  1. What is a Florida Health Care Surrogate form?

    The Florida Health Care Surrogate form is a legal document that allows you to appoint someone to make health care decisions on your behalf if you become unable to do so. This person, known as a health care surrogate, can make decisions regarding your medical treatment, access your health information, and even apply for benefits related to your health care.

  2. Who can I appoint as my health care surrogate?

    You can appoint any competent adult as your health care surrogate. This could be a family member, close friend, or trusted individual who understands your values and wishes regarding medical care. It is important to choose someone who is willing and able to take on this responsibility, as they will be making significant decisions about your health.

  3. How does the authority of my health care surrogate work?

    Your health care surrogate's authority becomes effective when your primary physician determines that you are unable to make your own health care decisions. However, you can choose to have their authority take effect immediately by initialing the appropriate box on the form. This means they can start receiving your health information or making decisions right away, depending on your preferences.

  4. Can I change or revoke my health care surrogate designation?

    Yes, you have the right to change or revoke your health care surrogate designation at any time, as long as you are still capable of making decisions. You can do this by signing a new document, verbally expressing your intent, or physically destroying the original document. It’s crucial to communicate any changes clearly to your surrogate and healthcare providers to avoid confusion.

  5. What happens if I regain the ability to make my own decisions?

    If you regain your decision-making capacity, your wishes will take precedence over those of your health care surrogate. This means that any instructions or decisions you make while you are capable will override those made by your surrogate if there is a conflict. It’s essential for your surrogate to keep you informed about decisions made on your behalf while you are incapacitated.

Common mistakes

  1. Neglecting to Provide Complete Information: Many individuals fail to fill out all required fields, such as the names and contact information for both the primary and alternate health care surrogates. Incomplete forms can lead to confusion and delays in critical situations.

  2. Not Initialing Required Sections: Some people overlook the need to initial specific sections that authorize their health care surrogate to receive health information and make decisions. Without these initials, the surrogate may not have the necessary authority to act on your behalf.

  3. Forgetting to Sign and Date the Form: It is essential to sign and date the form to validate it. A lack of signature or date renders the document ineffective, leaving your health care preferences unaddressed.

  4. Failing to Discuss the Designation with the Surrogate: Many individuals do not communicate their wishes and preferences with their designated surrogate. This oversight can result in decisions that do not align with your values or desires when the time comes.

How to Use Florida Health Care Surrogate

Filling out the Florida Health Care Surrogate form is a straightforward process. This form allows you to designate a person to make health care decisions on your behalf if you are unable to do so. It is important to ensure that all sections are completed accurately to avoid any issues later on.

  1. Obtain the form: Access the Florida Health Care Surrogate form from a reliable source, such as the Florida Department of Health website or a legal services provider.
  2. Fill in your name: Write your full name in the designated space at the top of the form.
  3. Designate your health care surrogate: Provide the name, phone number, and address of the person you wish to appoint as your health care surrogate.
  4. Designate an alternate surrogate: If desired, fill in the name, phone number, and address of an alternate health care surrogate in case your primary choice is unavailable.
  5. Initial authorizations: In the specified blank spaces, initial next to each statement to authorize your surrogate to receive health information and make health care decisions on your behalf.
  6. Provide specific instructions: If you have any specific instructions or restrictions regarding your health care, write them in the provided space and initial next to it.
  7. Sign and date the form: At the bottom of the form, sign and date it to validate your designation.
  8. Witness signatures: Have two witnesses sign the form, ensuring they print their names and provide their addresses. Witnesses cannot be your designated surrogate or immediate family members.

After completing the form, keep a copy for your records and provide copies to your designated surrogate and any relevant health care providers. This ensures that your wishes are known and can be acted upon when necessary.

File Specs

Fact Name Description
Governing Law The Florida Health Care Surrogate form is governed by Chapter 765 of the Florida Statutes.
Purpose This form allows individuals to designate a health care surrogate to make medical decisions on their behalf if they become unable to do so.
Immediate Authority Surrogate authority can take effect immediately if specified by the individual through initialing the appropriate box on the form.
Revocation Individuals can revoke or amend their designation at any time while they retain decision-making capacity.
Health Information Access The designated surrogate has the right to access the individual's health information to make informed decisions.
Alternate Surrogate Individuals can designate an alternate health care surrogate in case the primary surrogate is unavailable.
Decision-Making Authority The surrogate can provide consent, refuse treatment, and make decisions about life-prolonging procedures.
Communication Requirement While the individual has decision-making capacity, health care providers must communicate treatment plans to them.
Anatomical Gifts The surrogate has the authority to decide on making anatomical gifts as specified in Chapter 765.