There may be a time when you become incapacitated because of an accident, illness, old age, or some other reason and you are unable to make healthcare decisions. Ideally, you will have a written Designation of Healthcare Surrogate that appoints an individual whom you want to make healthcare decisions on your behalf. If you do not have a surrogate appointed, then Florida Statute 765.401 provides an order of priority for those who can act on your behalf:
- A guardian appointed to make healthcare decisions on your behalf.
- Your spouse.
- Your child who is 18 years old or older.
- Your parent.
- Your sibling who is 18 years old or older.
- Your relative who is 18 years old or older who have provided you special care and concern, maintained regular contact with you, and who is familiar with your activities, health and religious or moral beliefs.
- Your close friend.
- A clinical social worker who is licensed pursuant to chapter 491 or who is a graduate of a court-approved guardianship program along with other requirements in Florida Statute 765.401.
Whoever is appointed to make decisions on your behalf needs to make those decisions in your best interest and the decision needs to be one that you would have been expected to make if you were not incapacitated.
As part of your estate plan, it is highly recommended for you to have a Designation of Healthcare Surrogate. Designating your healthcare surrogate and successor surrogates will ensure that you have someone you trust to act in your best interest.