A Florida Designation of Healthcare Surrogate should be a staple used in every estate plan. It allows you to appoint someone (your “Surrogate”) to make healthcare decisions on your behalf if you become incapacitated. There may be a time when you become incapacitated because of an accident, illness, old age, or some other reason. Knowing that you have a Designation of Healthcare Surrogate can give you the peace of mind that your medical affairs will be handled if you are no longer capable of handling them.
Incapacitated – You will become incapacitated when your primary or attending physician determines that you lack the capacity to make your medical decisions. At which point, your Designation of Healthcare Surrogate can start making medical decisions on your behalf.
Not incapacitated – If you have a Florida Designation of Healthcare Surrogate and you are not incapacitated, then you will make your medical decisions and your Surrogate will have no say. However, your Surrogate could still obtain medical information on your behalf from your doctors. This can be helpful if you are elderly and need assistance with daily activities.
Surrogate – Your Surrogate can be anyone you want who is a competent person over the age of 18. Your Surrogate must act pursuant to your Designation of Healthcare Surrogate and act in your best interest. Thus, you can place restrictions on your Surrogate, such as, restricting the types of medical treatments you are willing to receive.
Termination – The Designation of Healthcare Surrogate will be effective until you revoke it or pass away unless you specify a termination date.
Formalities – There are certain formalities that must be followed when properly executing your Designation of Healthcare Surrogate. Without following the formalities, the document will be ineffective. The following are the requirements pursuant to Florida Statute 765.202:
- Identify yourself and your Surrogate.
- Indicate whether the Designation of Healthcare Surrogate is effective immediately or only when you are incapacitated.
- Sign the Designation of Healthcare Surrogate in the presence of two witnesses who also sign the document in the presence of yourself.
a. The witnesses must be at least 18 years old, and the Surrogate cannot be a witness.
b. At least one of the witness must not be the principal’s spouse or blood relative. - Note: A Florida Designation of Healthcare Surrogate does not need to be notarized to be legally valid.