Get Florida Health Care Surrogate Form

Get Florida Health Care Surrogate Form

The Florida Health Care Surrogate form is a legal document that allows individuals to designate someone to make health care decisions on their behalf if they become unable to do so. This form ensures that your medical preferences are honored and that someone you trust can act in your best interest during critical times. To safeguard your health care wishes, consider filling out the form by clicking the button below.

Structure

In the realm of health care, ensuring that your wishes are respected when you can no longer communicate them is vital. The Florida Health Care Surrogate form plays a crucial role in this process. This document allows individuals to designate a trusted person, known as a health care surrogate, to make medical decisions on their behalf if they become incapacitated. It provides space to name an alternate surrogate, ensuring that someone will always be available to advocate for your health care preferences. The form also outlines specific instructions regarding the authority granted to the surrogate, including the ability to access health information and make decisions about treatments, including life-prolonging procedures. Importantly, it emphasizes that while you retain decision-making capacity, your wishes take precedence. Moreover, you have the power to revoke or amend this designation at any time, ensuring that your rights and preferences remain central to your health care experience. Understanding this form is an essential step in preparing for the unexpected, allowing you to approach health care decisions with confidence and peace of mind.

Florida Health Care Surrogate Preview

765.203 – Suggested form of designation – a written designation of a Health Care Surrogate executed pursuant to this chapter may, but need not be, in the following form.

DESIGNATION OF HEALTH CARE SURROGATE

I, _____________________________________________, designate as my health care surrogate under

§ 765.202, Florida statutes:

Name: ________________________________________Phone:_____________________________

Address: _________________________________________________________________________

If my health care surrogate is not willing, able, or reasonably available to perform his or her duties, I designate as my alternate health care surrogate:

Name: ________________________________________Phone:_____________________________

Address: _________________________________________________________________________

INSTRUCTIONS FOR HEALTH CARE

I authorize my health care surrogate to: (Initials required in the blank spaces below.)

_______ Receive any of my health information, whether oral or recorded in any form or medium, that:

1.Is created or received by a health care provider, health care facility, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

2.Relates to my past, present, or future physical or mental health or condition; the provision

of health care to me; or the past, present, or future payment for the provision of health care to me.

I further authorize my health care surrogate to: (Initials required in the blank space below.)

_______ Make all health care decisions for me, which means he or she has the authority to:

1.Provide informed consent, refusal of consent, or withdrawal of consent to any and all of my health care, including life-prolonging procedures.

2.Apply on my behalf for private, public, government, or veteran’s benefits to defray the cost of health care.

3.Access my health information reasonably necessary for the health care surrogate to make decisions involving my health care and to apply for benefits for me.

4.Decide to make an anatomical gift pursuant to part V of chapter 765, Florida Statutes.

_______ Specific instructions and restrictions: (Initials required in the blank space.)

______________________________________________________________________________________

______________________________________________________________________________________

While I have decisionmaking capacity, my wishes are controlling and my physicians and health care providers must clearly communicate to me the treatment plan or any change to the treatment plan prior to its implementation.

To the extent that I am capable of understanding, my health care surrogate shall keep me reasonably informed of all decisions that he or she has made on my behalf and matters concerning me.

THIS HEALTH CARE SURROGATE DESIGNATION IS NOT AFFECTED BY MY SUBSEQUENT INCAPACITY EXCEPT AS PROVIDED IN CHAPTER 765, FLORIDA STATUTES.

PURSUANT TO SECTION 765.104, FLORIDA STATUTES, I UNDERSTAND THAT I MAY, AT ANY TIME WHILE I RETAIN MY CAPACITY, REVOKE OR AMEND THIS DESIGNATION BY:

1.SIGNING A WRITTEN AND DATED INSTRUMENT WHICH EXPRESSES MY INTENT TO AMEND OR REVOKE THIS DESIGNATION;

2.PHYSICALLY DESTROYING THIS DESIGNATION THROUGH MY OWN ACTION OR BY THAT OF ANOTHER PERSON IN MY PRESENCE AND UNDER MY DIRECTION;

3.VERBALLY EXPRESSING MY INTENTION TO AMEND OR REVOKE THIS DESIGNATION; OR

4.SIGNING A NEW DESIGNATION THAT IS MATERIALLY DIFFERENT FROM THIS DESIGNATION.

MY HEALTH CARE SURROGATE’S AUTHORITY BECOMES EFFECTIVE WHEN MY PRIMARY PHYSICIAN DETERMINES THAT I AM UNABLE TO MAKE MY OWN HEALTH CARE DECISIONS UNLESS I INITIAL EITHER OR BOTH OF THE FOLLOWING BOXES:

IF I INITIAL THIS BOX [_______] MY HEALTH CARE SURROGATE’S AUTHORITY TO RECEIVE

MY HEALTH INFORMATION TAKES EFFECT IMMEDIATELY.

IF I INITIAL THIS BOX [_______] MY HEALTH CARE SURROGATE’S AUTHORITY TO MAKE

HEALTH CARE DECISIONS FOR ME TAKES EFFECT IMMEDIATELY. PURSUANT TO SECTION 765.204(3), FLORIDA STATES, ANY INSTRUCTIONS OF HEALTH CARE DECISIONS I MAKE,

EITHER VERBALLY OR IN WRITING, WHILE I POSSESS CAPACITY SHALL SUPERCEDE ANY INSTRUCTIONS OR HEALTH CARE DECISIONS MADE BY MY SURROGATE THAT ARE IN MATERIAL CONFLICT WITH THOSE MADE BY ME.

Signature: Sign and date the form here:

_________________ ______________________________ _______________________________

DateSignaturePrinted Name

_________________________________________________________________________________

Address

Signatures of Witnesses:

Witness:_________________________________ Witness:_________________________________

Printed Name: ____________________________ Printed Name: ____________________________

Address: ________________________________ Address: ________________________________

_________________________________________________________________

Phone: _________________________________ Phone: ___________________________________

Source: The 2016 Florida Statutes, Title XLIV, CIVIL RIGHTS, Chapter 765. Health Care Directives 765.203 Suggested Form of Designation © 1995-2017 The Florida Legislature.

Document Data

Fact Name Details
Governing Law The Florida Health Care Surrogate form is governed by Chapter 765 of the Florida Statutes.
Authority Activation The health care surrogate's authority becomes effective when the primary physician determines that the individual is unable to make their own health care decisions.
Revocation Rights Individuals can revoke or amend their designation at any time while retaining decision-making capacity by signing a new document, verbally expressing their intent, or destroying the current designation.
Information Access The surrogate has the authority to receive health information and make health care decisions, including consent for life-prolonging procedures.

How to Use Florida Health Care Surrogate

Filling out the Florida Health Care Surrogate form is a straightforward process that allows you to designate someone to make health care decisions on your behalf if you are unable to do so. Follow these steps carefully to ensure that your wishes are clearly communicated.

  1. Obtain the Form: Get a copy of the Florida Health Care Surrogate form. You can find it online or request it from a health care provider.
  2. Fill in Your Name: In the first blank space, write your full name.
  3. Designate Your Surrogate: Enter the name, phone number, and address of the person you wish to appoint as your health care surrogate.
  4. Alternate Surrogate: If applicable, provide the name, phone number, and address of an alternate health care surrogate in case the primary is unavailable.
  5. Health Care Instructions: Initial the first blank to authorize your surrogate to receive your health information.
  6. Decision-Making Authority: Initial the second blank to grant your surrogate the authority to make health care decisions on your behalf.
  7. Specific Instructions: If you have any specific instructions or restrictions, write them in the provided space and initial it.
  8. Immediate Effect Options: If you want your surrogate’s authority to take effect immediately, initial the corresponding box. Do the same for the authority to receive health information.
  9. Signature and Date: Sign and date the form at the designated area.
  10. Witness Signatures: Have two witnesses sign the form, including their printed names and addresses. Ensure they also provide their phone numbers.

Key Facts about Florida Health Care Surrogate

What is the Florida Health Care Surrogate form?

The Florida Health Care Surrogate form is a legal document that allows an individual to designate someone else to make health care decisions on their behalf if they become unable to do so. This form ensures that your health care preferences are respected, even when you cannot communicate them yourself. It outlines the authority given to the surrogate and can include specific instructions regarding your medical treatment.

Who can be designated as a health care surrogate?

Any competent adult can serve as a health care surrogate. This means that you can choose a family member, friend, or trusted individual who understands your values and wishes regarding medical treatment. It's important to select someone who is willing and able to take on this responsibility, as they will be making significant decisions about your health care.

How does the surrogate's authority work?

The authority of the health care surrogate becomes effective when your primary physician determines that you are unable to make your own health care decisions. You can also choose to make this authority effective immediately by initialing the appropriate box on the form. This flexibility allows you to tailor the document to your needs and preferences.

Can I revoke or change my health care surrogate designation?

Yes, you can revoke or amend your health care surrogate designation at any time while you still have decision-making capacity. This can be done by signing a new document, verbally expressing your intent, or physically destroying the original form. It’s crucial to communicate any changes clearly to ensure that your current wishes are followed.

What happens if I do not designate a health care surrogate?

If you do not designate a health care surrogate, decisions about your health care may be made by family members or legal representatives according to Florida law. This could lead to disagreements or decisions that do not reflect your wishes. Having a designated surrogate helps prevent confusion and ensures that your preferences are honored during critical times.

Common mistakes

Completing the Florida Health Care Surrogate form is an important step in ensuring that your medical decisions are made according to your wishes when you are unable to do so. However, many individuals make mistakes during this process that can lead to confusion or complications. Here are nine common errors to avoid.

One frequent mistake is leaving the name and contact information of the surrogate blank. This can create uncertainty about who is authorized to make decisions on your behalf. It is crucial to provide complete and accurate information for your designated surrogate, including their full name, phone number, and address.

Another common error involves failing to designate an alternate health care surrogate. In the event that your primary surrogate is unavailable, having an alternate can prevent delays in critical medical decisions. Be sure to fill out this section completely, just as you would for your primary surrogate.

Many people neglect to provide initials for the specific authorizations outlined in the form. Each section that requires your initials serves to confirm your understanding and consent regarding the powers you are granting your surrogate. Omitting these initials can render the document incomplete and may lead to questions about your intentions.

Additionally, failing to include specific instructions or restrictions can lead to misunderstandings. If you have particular wishes regarding your health care, it is essential to document them clearly. This ensures that your surrogate understands your preferences and can act accordingly.

Some individuals mistakenly believe that the form is effective immediately without understanding the implications of their choices. It is vital to indicate when your surrogate’s authority begins by initialing the appropriate boxes. If you want your surrogate to have immediate access to your health information or decision-making power, you must clearly indicate this.

Another error is neglecting to sign and date the form properly. The signature is a critical element that verifies your intent. Without it, the document may be considered invalid. Ensure that your signature is clear and that the date is current.

Witness signatures are also a key component of the form. Failing to have two witnesses sign can invalidate your designation. Make sure that the witnesses are present when you sign the document and that they also provide their printed names and addresses.

People often overlook the importance of keeping the document accessible. After completing the form, store it in a safe yet accessible location. Inform your surrogate and family members where it can be found to avoid delays in critical situations.

Finally, many forget to review the form periodically. Life circumstances change, and so might your wishes regarding health care decisions. Regularly revisiting and updating your designation can ensure that it continues to reflect your current preferences.

By avoiding these common mistakes, you can ensure that your Florida Health Care Surrogate form accurately represents your wishes and provides clear guidance to your surrogate when it matters most.

Documents used along the form

When considering the Florida Health Care Surrogate form, it is important to understand that it often accompanies other essential documents that help outline a person's health care preferences and legal designations. Each of these documents serves a unique purpose, ensuring that an individual's wishes are respected and followed in medical situations. Below are four commonly used forms that complement the Health Care Surrogate designation.

  • Advance Directive: This document allows individuals to outline their preferences for medical treatment in the event they become unable to communicate their wishes. It can include instructions regarding life-sustaining treatments, resuscitation efforts, and other critical health care decisions.
  • Durable Power of Attorney for Health Care: This legal document designates a person to make health care decisions on behalf of someone else if they are unable to do so. Unlike the Health Care Surrogate, this document can cover a broader range of decisions beyond just health care, including financial matters.
  • Living Will: A living will specifically addresses an individual's wishes regarding end-of-life care. It provides guidance on whether to use life-prolonging measures when a person is terminally ill or in a persistent vegetative state.
  • Anatomical Gift Declaration: This form allows individuals to express their wishes regarding organ and tissue donation after death. It can be included in the Health Care Surrogate form or stand alone, ensuring that one's intentions regarding donation are clear and legally recognized.

By understanding these documents, individuals can better prepare for future health care decisions. Ensuring that these forms are in place can provide peace of mind, knowing that personal wishes will be honored and respected in times of medical need.

Similar forms

  • Durable Power of Attorney: This document allows an individual to appoint someone to make decisions on their behalf regarding financial and legal matters, similar to how a health care surrogate makes medical decisions. Both documents require the principal to designate an agent who can act when the principal is unable to do so.
  • Living Will: A living will outlines an individual's wishes regarding medical treatment in situations where they are unable to communicate their preferences. Like the health care surrogate form, it addresses end-of-life decisions and the types of medical interventions a person may or may not want.
  • Advance Directive: This broader term encompasses both living wills and health care surrogates. It allows individuals to express their health care preferences and appoint someone to ensure those preferences are followed, similar to the Florida Health Care Surrogate form.
  • Do Not Resuscitate (DNR) Order: A DNR order instructs medical personnel not to perform CPR if a person's heart stops. This document complements the health care surrogate form by detailing specific medical interventions that the individual does or does not wish to receive.
  • Mental Health Advance Directive: This document allows individuals to specify their preferences for mental health treatment in case they become unable to make those decisions. It serves a similar purpose to the health care surrogate form but focuses specifically on mental health care.
  • Organ Donation Registration: This document allows individuals to express their wishes regarding organ donation after death. It is similar to the health care surrogate form in that it addresses end-of-life decisions and the individual's preferences regarding medical interventions.
  • Patient Advocate Designation: This form enables individuals to appoint a patient advocate to make health care decisions on their behalf. It operates similarly to the health care surrogate form, ensuring that someone can advocate for the individual's health care preferences when they are unable to do so themselves.
  • HIPAA Authorization: This document allows individuals to authorize specific people to access their health information. While the health care surrogate form grants authority to make decisions, the HIPAA authorization focuses on sharing health information, ensuring that the surrogate can make informed choices.

Dos and Don'ts

Do's:

  • Ensure that you fill in all required fields completely, including your name, address, and the names of your health care surrogate and alternate.
  • Initial all sections where authorization is required to confirm your consent.
  • Clearly state any specific instructions or restrictions regarding your health care decisions.
  • Sign and date the form in the designated areas to validate your designation.

Don'ts:

  • Do not leave any blank spaces in the form; incomplete forms may not be accepted.
  • Do not forget to have two witnesses sign the form, as required by Florida law.
  • Do not use vague language in your specific instructions; clarity is essential.
  • Do not assume verbal agreements or informal notes will suffice; all changes must be documented properly.

Misconceptions

Understanding the Florida Health Care Surrogate form is crucial for making informed decisions about your health care. Here are seven common misconceptions:

  1. It is only for elderly individuals. Many believe this form is only necessary for seniors. In reality, anyone can designate a health care surrogate, regardless of age, to ensure their wishes are honored during medical emergencies.
  2. Once signed, it cannot be changed. Some think that signing the form is permanent. However, you can revoke or amend your designation at any time while you are capable of making decisions.
  3. My surrogate can make any decision without limits. This is not true. The surrogate's authority is defined by the instructions you provide in the form, and they must act according to your wishes.
  4. It only applies if I am incapacitated. Many assume the surrogate's authority only kicks in when they are incapacitated. If you choose, you can allow your surrogate to make decisions immediately by initialing the appropriate box on the form.
  5. Witness signatures are optional. Some believe that having witnesses is not necessary. In Florida, you must have two witnesses sign the form for it to be valid.
  6. My health care surrogate can override my decisions. This misconception is common. In fact, any instructions you provide while capable take precedence over your surrogate's decisions.
  7. Health care surrogates are the same as power of attorney. While both allow someone to make decisions on your behalf, a health care surrogate specifically focuses on medical decisions, whereas power of attorney can cover a broader range of issues.

Clarifying these misconceptions can empower you to make better choices regarding your health care planning.

Key takeaways

Filling out the Florida Health Care Surrogate form is an important step in ensuring your medical wishes are respected when you cannot speak for yourself. Here are some key takeaways to keep in mind:

  • Designate Your Surrogate: Clearly name the person you trust to make health care decisions on your behalf. This person should be someone you feel comfortable with and who understands your values.
  • Provide Contact Information: Include your surrogate’s phone number and address. This makes it easier for health care providers to reach them when needed.
  • Choose an Alternate: It’s wise to designate an alternate surrogate in case your first choice is unavailable or unable to act. This ensures there’s always someone ready to step in.
  • Health Information Access: Your surrogate will need access to your health information to make informed decisions. Initialing this section allows them to receive all necessary information.
  • Decision-Making Authority: Your surrogate can make all health care decisions, including consent for treatments. Make sure they understand your preferences regarding life-prolonging procedures.
  • Specific Instructions: If you have particular wishes or restrictions, write them down. This helps guide your surrogate’s decisions in line with your values.
  • Revocation Options: You can revoke or amend your designation at any time while you still have decision-making capacity. Familiarize yourself with the ways to do this, such as signing a new document.
  • Immediate Authority: You can choose to give your surrogate immediate authority to receive information or make decisions. Initialing the appropriate boxes on the form is necessary for this option.

Taking the time to fill out this form thoughtfully can provide peace of mind for you and your loved ones. It ensures that your health care preferences are honored, even when you cannot voice them yourself.