Palm Harbor Designation of Health Care Surrogate Lawyer

Important Medical Decisions Made With Your Best Interests in Mind

At Miaoulis Law, we believe that planning for the future includes ensuring that your medical decisions will be in trusted hands should you become unable to make them yourself. One of the most important legal tools available for this purpose is the Designation of Health Care Surrogate. This legal document allows you to appoint a person to make medical decisions on your behalf if you become incapacitated. Contact our Palm Harbor Designation of Health Care Surrogate lawyer today to learn more about this important tool for your future.

What Is a Designation of Health Care Surrogate?

A Health Care Surrogate is a person you authorize to make medical decisions for you if you are unable to do so yourself due to illness, injury, or incapacity. This person will communicate with doctors, make treatment choices, and ensure your healthcare wishes are honored. A Designation of Health Care Surrogate is an essential part of any comprehensive estate plan, ensuring that someone you trust has the legal authority to act on your behalf.

Why Designate a Health Care Surrogate?

• Ensures Your Wishes Are Followed – A surrogate can advocate for the type of medical care you would want.
• Prevents Family Disputes – Having a designated person reduces the chances of disagreements among family members regarding your care.
• Avoids Court Intervention – Without a designated surrogate, a court may need to appoint a guardian to make decisions for you.
• Provides Peace of Mind – You can rest assured knowing a trusted person is legally empowered to manage your healthcare decisions.

The Florida Health Care Surrogate Act

The Florida Health Care Surrogate Act, found in Florida Statutes sections 765.201 – 765.205, establishes the legal framework for appointing a surrogate. Below are the key provisions of the Act:

Designation of a Health Care Surrogate

Any competent adult may designate a surrogate by signing a written document in the presence of two adult witnesses. At least one witness cannot be a spouse or blood relative of the declarant. If the declarant is unable to sign, another person may sign the document at their direction and in their presence.

Authority of the Surrogate

The surrogate has the power to make all healthcare decisions, including providing informed consent, refusing treatment, or authorizing procedures. A surrogate’s authority begins when a physician determines that the patient lacks capacity unless the document states otherwise. The surrogate must act in good faith and in accordance with the known wishes of the patient. If the patient’s wishes are unknown, decisions must be made in their best interest.

Alternate Surrogates

A person may designate an alternate surrogate to act if the primary surrogate is unable, unwilling, or unavailable to serve. The alternate surrogate has the same decision-making authority as the primary surrogate once they assume responsibility.

Duties and Responsibilities of the Surrogate

The surrogate must consult with healthcare providers to make decisions aligned with the patient’s preferences. The surrogate is required to keep records of all medical decisions and consult with family members when appropriate. If the patient regains capacity, the surrogate’s authority ceases unless the patient chooses to continue their role.

Legal Protections for Healthcare Providers

Healthcare providers who comply with decisions made by a legally designated surrogate are protected from liability. Providers must follow the surrogate’s instructions unless they conflict with the patient’s Living Will or Florida law.

How to Choose the Right Health Care Surrogate

Selecting a surrogate is a crucial decision. Consider choosing someone who understands your medical preferences and will respect your wishes. Choose someone who can handle stressful situations and make informed decisions under pressure. Ideally, your surrogate is someone who can communicate effectively with doctors, caregivers, and family members and who lives nearby or is easily accessible in case of an emergency. Most importantly, choose an individual who is willing to accept the responsibility and act in your best interest.

Steps to Designating a Health Care Surrogate in Palm Harbor, Florida

1. Draft a Legal Document – Work with an experienced attorney to ensure your Designation of Health Care Surrogate complies with Florida law.
2. Sign with Witnesses – Have the document signed in the presence of two adult witnesses.
3. Communicate With Your Surrogate – Discuss your healthcare wishes in detail so your surrogate understands your preferences.
4. Distribute Copies – Provide copies of the document to your surrogate, alternate surrogate, family members, and healthcare providers.
5. Review Periodically – Reassess your choice over time to ensure it still aligns with your needs and preferences.

How Miaoulis Law Can Help

At Miaoulis Law, we guide our clients through the process of appointing a Health Care Surrogate with clarity and confidence. We ensure your Designation of Health Care Surrogate is legally sound and tailored to your specific wishes. If you need assistance with creating or updating your estate plan, our experienced legal team is here to help.

Take Control of Your Future Healthcare Decisions

Planning ahead ensures that your medical care is in the hands of someone you trust. Contact Miaoulis Law today to schedule a consultation and take the first step in securing your healthcare future.