Florida Health Care Surrogate PDF Template

Florida Health Care Surrogate PDF Template

The Florida Health Care Surrogate form allows individuals to designate someone they trust to make health care decisions on their behalf if they become unable to do so themselves. This legal document ensures that your health care preferences are respected and provides clear authority to your chosen surrogate to access your health information and make critical decisions. Taking the time to fill out this form can provide peace of mind for you and your loved ones—start by clicking the button below.

Overview

The Florida Health Care Surrogate form is a crucial document that empowers individuals to designate someone they trust to make health care decisions on their behalf when they are unable to do so. This form not only allows you to appoint a primary health care surrogate but also provides the opportunity to name an alternate, ensuring that your health care needs can be prioritized even if your first choice is unavailable. Additionally, it grants the surrogate broad authority to receive health information and make critical decisions, such as consenting to or refusing treatment, to access medical benefits, and even to make anatomical gifts. While the designated surrogate is expected to act in the best interest of the individual, the form emphasizes that a person’s wishes should guide these decisions whenever they have the capacity to express them. Importantly, it explains how individuals can revoke or amend their designation at any time while they are still capable, ensuring flexibility and peace of mind. This form is especially significant in a state like Florida, where having a plan in place for unforeseen medical situations is essential for effective health care management.

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.

File Properties

Fact Title Details
Governing Law The Health Care Surrogate form is governed by Chapter 765 of the Florida Statutes.
Designation Requirement The form allows for designating a health care surrogate through a written document.
Alternate Surrogate You can appoint an alternate surrogate in case your primary choice is unable to serve.
Decision Authority Your surrogate has the authority to make health care decisions on your behalf.
Health Information Access Surrogates can access your health information to make informed decisions.
Revocation Rights You can revoke or amend the designation at any time while retaining decision-making capacity.
Effective Authority The authority of the surrogate becomes effective when a doctor determines you cannot make your own decisions.
Immediate Effect Options You may choose to have your surrogate’s authority to make decisions or access information take effect immediately.
Specific Instructions The form allows for specific instructions or restrictions related to your health care decisions.
Witness Requirement The form must be signed in the presence of witnesses to be considered valid.

Instructions on Utilizing Florida Health Care Surrogate

Filling out the Florida Health Care Surrogate form is vital for ensuring your healthcare wishes are respected. This process allows you to designate someone to make healthcare decisions on your behalf if you are unable to do so. The following steps outline how to accurately complete this important document.

  1. Obtain the form: Find the official Florida Health Care Surrogate form online or request a copy from a legal or healthcare professional.
  2. Designate a health care surrogate: In the first blank, write the name of the person you wish to designate as your health care surrogate. Include their phone number and full address in the designated sections.
  3. If applicable, designate an alternate: If your primary surrogate is unavailable, you have the option to name an alternate surrogate. Fill in the required details for this person as well.
  4. Initial authorizations: In the next section, look for the options that require your initials. Carefully read each statement and initial in the blank spaces to authorize your surrogate to receive health information and make health care decisions on your behalf.
  5. Specify instructions or restrictions: If you have particular wishes, write them in the section provided. Your initials are required after this statement as well.
  6. Understand your rights: Read and understand that your decision-making power is prioritized while you maintain capacity. Your surrogate will keep you informed of decisions.
  7. Effectiveness of authority: Decide if you want your surrogate's authority to take effect immediately or only when deemed necessary. Initial the corresponding boxes based on your choice.
  8. Sign and date the form: At the bottom, sign and date the form. Include your printed name and address in the designated sections.
  9. Witness signatures: Have two witnesses sign the form. Include their printed names and addresses. Ensure they do not have any legal or financial interest in your health care decisions.

Once you complete these steps, keep a signed copy in a safe place and provide copies to your health care surrogate and relevant healthcare providers. Review this document periodically to ensure it reflects your current wishes.

Important Facts about Florida Health Care Surrogate

What is the Florida Health Care Surrogate form?

The Florida Health Care Surrogate form allows you to designate someone to make health care decisions on your behalf if you become unable to do so. This form ensures that your personal health care preferences are respected and that someone you trust is in charge of making decisions about your medical treatment in times of incapacity.

How do I complete the Health Care Surrogate form?

To complete the form, fill in your name, the name of the person you are designating as your health care surrogate, and their contact information. You must also indicate whether you want the surrogate's authority to begin immediately or only when you're unable to make decisions. Initial specific authorizations and any restrictions as desired, and don't forget to sign and date the form. Witnesses must also sign the document to validate it.

Can I revoke the Health Care Surrogate designation once it is completed?

Yes, you can revoke or amend your designation at any time as long as you are capable of making decisions. Revocation can occur by signing a new document, verbally expressing your intent, or physically destroying the document. Ensure that any change or revocation is documented properly to avoid confusion.

What happens if my primary care physician determines that I am unable to make my own health care decisions?

Your health care surrogate's authority will take effect once your primary physician confirms your incapacity. However, if you marked the box for immediate authority, your surrogate can begin receiving your health information or making decisions right away, even if you're still capable.

Is my health care surrogate decision always final?

No, your wishes take precedence. If you express your healthcare preferences verbally or in writing while you are capable, they will override any conflicting decisions made by your health care surrogate. Always keep your provider informed about your health care preferences to ensure your choices are honored.

Common mistakes

Completing the Florida Health Care Surrogate form can be challenging. Several common mistakes may complicate the process or render the document invalid. Being aware of these pitfalls can help ensure that your wishes are accurately communicated.

One mistake often made is failing to sign and date the form. The law requires that the individual appointing a surrogate must provide their signature and the date. Without these, the designation is not legally effective.

Another error occurs when individuals neglect to include the alternate surrogate. Designating an alternate ensures that a healthcare proxy is available if the primary surrogate is unavailable or unable to fulfill their duties. Omitting this crucial step can leave healthcare providers uncertain about who should make decisions in case of an emergency.

Individuals sometimes forget to initial the authorization sections on the form. Each authorization must be initialized as confirmation that the person filling out the document agrees to those specific permissions. Failing to do so can lead to confusion about the decisions the surrogate can make on behalf of the individual.

Another common mistake is not clearly specifying restrictions or instructions for the surrogate. If the individual has particular wishes concerning medical treatments or procedures, these should be detailed in the appropriate section. Vague instructions can lead to misunderstandings and decisions that may not align with the person’s values or beliefs.

Some mistakenly assume that verbal statements will suffice instead of written instructions. It is important to document all necessary information clearly on the form. Verbal intentions may not be recognized legally, potentially leading to conflicts during medical emergencies.

Many individuals do not communicate their wishes to the surrogate prior to completing the form. It is vital for the appointed surrogate to understand the individual’s preferences regarding health care decisions. A lack of communication can result in the surrogate making choices that are inconsistent with the individual’s desires.

There is also the issue of not updating the designation as circumstances change. Significant life events, such as a change in relationships or health status, might necessitate a revision of the designated surrogate. Regularly reviewing and updating the document is essential.

Another frequent oversight is overlooking witness signatures. Florida law mandates that the designation must be signed by at least two witnesses. Incomplete witness sections could invalidate the form and unintentionally leave the individual’s healthcare preferences unprotected.

Lastly, some people initial the authority to make decisions immediately without fully understanding the implications. This choice grants the surrogate the power to act right away, which may not align with the individual’s desires. It is critical to consider when the healthcare surrogate should gain decision-making authority carefully.

Documents used along the form

When creating a framework for health care decisions, the Florida Health Care Surrogate form often works in conjunction with other important documents. These documents can help to establish a comprehensive advance care planning strategy, ensuring that individuals’ wishes regarding medical treatment and care are respected and upheld even if they become unable to communicate those preferences themselves. Below is a list of additional relevant forms and documents.

  • Living Will: This document provides clear directives about an individual’s preferences for medical treatment in the event of a terminal illness or incapacitation. It addresses specific scenarios, allowing the individual to express their wishes on life-sustaining treatments.
  • Durable Power of Attorney for Health Care: This legal document allows an individual to appoint someone (an agent) to make health care decisions on their behalf. Unlike the health care surrogate, this document can be broader, covering various decisions beyond just health care.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical directive that prevents health care providers from performing cardiopulmonary resuscitation (CPR) if a person’s heart stops or if they stop breathing. This ensures that individuals with specific wishes about resuscitation receive care that aligns with their preferences.
  • Anatomical Gift Document: This document allows an individual to designate that their organs or tissues be donated upon death. It can be included with the health care surrogate form or issued separately for clarity.
  • Patient Advocate Form: Similar to a health care surrogate, a patient advocate form designates someone to make health care decisions. However, it also emphasizes communication with health care providers, ensuring individuals’ wishes are communicated effectively.
  • Medication List: Maintaining an updated list of medications helps ensure that health care surrogates are informed about the treatments an individual is receiving. This facilitates better-informed decisions by health care proxies.
  • Emergency Medical Services (EMS) Authorization: This authorization allows designated individuals to make decisions regarding emergency medical treatment if the individual is unable to do so, providing immediate access to needed care under dire circumstances.
  • Health Information Release Form: This form permits medical providers to disclose health information to specific individuals, allowing the health care surrogate or other designated individuals to stay informed about the patient’s medical history and decisions.
  • Advance Directives Patient Information: This document serves as an informational guide that outlines what advance directives are, the importance of completing them, and how they can be used. Understanding advance directives can empower individuals to make informed choices.
  • Financial Durable Power of Attorney: While this focuses on financial matters, it can be integral in ensuring that health care decisions are supported by financial resources, particularly for those who may require ongoing or specialized medical care.

Incorporating these various documents into health care planning can provide peace of mind. Each of these forms serves a unique purpose, helping individuals exert control over their medical care and ensure that their values and wishes are upheld in times of health crises.

Similar forms

  • Durable Power of Attorney: This document allows an individual to authorize someone else to handle their financial and legal matters. Like a health care surrogate, it takes effect if the individual becomes incapacitated.
  • Living Will: A living will outlines an individual's wishes regarding medical treatment in situations where they cannot communicate their decisions. It complements the health care surrogate form by providing specific instructions on medical care.
  • Medical Power of Attorney: Similar to a health care surrogate, this document designates someone to make healthcare decisions on behalf of another person if they cannot do so themselves.
  • Anatomical Gift Document: This document allows individuals to express their wish to donate organs or tissues after death. It aligns with the health care surrogate by addressing decisions related to anatomical gifts.
  • HIPAA Authorization Form: This form permits designated individuals to access an individual's medical records. It is similar as it enables the designated person to obtain crucial health information.
  • End-of-Life Directive: This document provides guidelines on an individual's preferences for end-of-life care. It works in conjunction with a health care surrogate by ensuring that one's wishes are honored during critical medical decisions.
  • Guardianship Papers: These documents appoint a guardian for someone unable to make decisions for themselves. Like a health care surrogate, a guardian makes legal and personal decisions on behalf of the individual.
  • Financial Power of Attorney: This allows someone to manage financial matters, similar to how a health care surrogate manages healthcare decisions. Both add a layer of protection during incapacity.
  • Advance Directive: An advance directive combines elements of a living will and a power of attorney, detailing an individual's health care decisions and appointing a health care representative.
  • Patient Advocate Designation: This document assigns someone to act as a patient advocate, ensuring that healthcare providers respect the person's wishes, akin to the role of a health care surrogate.

Dos and Don'ts

  • Do ensure you choose someone trustworthy as your health care surrogate.
  • Do provide clear instructions about your medical preferences.
  • Do make sure the form is properly signed and dated.
  • Do discuss your decisions with your surrogate before circumstances arise.
  • Do keep a copy of the completed form accessible for reference.
  • Don't rush through filling out the form; take your time to ensure accuracy.
  • Don't forget to include an alternate surrogate in case the primary is unavailable.
  • Don't leave sections blank where initials are required; complete all necessary parts.
  • Don't use the form without consulting a health care professional if confused.
  • Don't neglect to revoke or amend the designation if your preferences change.

Misconceptions

Misconceptions about the Florida Health Care Surrogate form can cause confusion and lead to unintended consequences. Here are eight common misunderstandings regarding this important legal document:

  1. The Health Care Surrogate form is only for the elderly. Many people believe this form is only necessary for older adults. In reality, anyone over 18 can benefit from having a surrogate in place, as accidents or illnesses can happen at any age.
  2. Once the form is signed, it cannot be changed. This is not true. You can revoke or amend your designation at any time while you have decision-making capacity. Written or verbal expressions of your intention are valid ways to make changes.
  3. Your surrogate can make decisions without your knowledge. Though a surrogate has authority to make health care decisions, your wishes should always come first while you are capable of making your own choices. Communication between you and your surrogate is essential.
  4. The form is necessary for any type of medical procedure. Some people think that the Health Care Surrogate form is required for all medical procedures. It is only required when you are unable to express your health care decisions due to incapacity.
  5. Your surrogate automatically has access to your health information. While your surrogate can access your health information, they only gain this access if you initial the appropriate box on the form to authorize it. Otherwise, they may not be privy to that information.
  6. You need a lawyer to complete the form. A lawyer is not required to complete the Health Care Surrogate form. You can fill it out on your own, but having it reviewed by a legal professional is advisable for ensuring comprehensiveness.
  7. Having an advanced directive means you don’t need a surrogate. An advanced directive and a health care surrogate serve different purposes. An advanced directive outlines your preferences, while a surrogate designates someone to make decisions on your behalf when you cannot.
  8. The surrogate’s authority starts immediately. Generally, the surrogate’s authority only begins when your primary physician determines that you are unable to make your own decisions. You may also choose to have their authority take effect immediately by initialing the form.

Understanding these misconceptions is crucial for making informed health care decisions and ensuring your wishes are respected when you need it most.

Key takeaways

When filling out and using the Florida Health Care Surrogate form, several important aspects must be considered. Here are key takeaways to keep in mind:

  • Designation of Surrogate: Clearly identify your chosen health care surrogate along with their contact information.
  • Alternate Surrogate: It’s advisable to also designate an alternate surrogate in case your primary choice is unavailable.
  • Health Information Access: Your surrogate will have the authority to access your health information, which includes past and future medical records.
  • Decision-Making Powers: The surrogate can make all health care decisions on your behalf, including consenting to or refusing medical treatment.
  • Anatomical Gifts: Your surrogate may decide to make anatomical gifts if specified, so clarify your wishes in this regard.
  • Initials Required: Remember to initial the spaces in the form as indicated. This grants consent for various responsibilities and access.
  • Revoking Authority: While you have decision-making capacity, you can revoke or amend the designation at any time by following specific procedures outlined in the form.
  • Immediate Authority: You have the option to allow your surrogate’s authority to take effect immediately or upon incapacity; this must be indicated on the form.
  • Witness Signatures: Two witnesses must sign the form. Ensure they also provide their printed names and addresses as required.

Understanding each part of the form and ensuring it is completed correctly will help facilitate your health care wishes in times of need.

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