Choosing the Right Person to Speak for You in a Medical Crisis
Imagine being unconscious or mentally incapacitated after an accident or during a serious illness. Who would make your medical decisions? In Florida, if you haven’t legally named someone, the decision may fall to someone you wouldn’t choose—or the court may have to intervene. A health care surrogate designation ensures your medical choices are honored by empowering a trusted person to act on your behalf.
What Is a Health Care Surrogate Designation?
A health care surrogate designation is a legal document that allows you to appoint another individual—called a surrogate—to make medical decisions for you if you are unable to communicate or give informed consent. It’s a core component of a Florida advance directive and can help avoid confusion and conflict during a medical emergency.
Unlike a living will, which expresses your specific end-of-life treatment preferences, the health care surrogate is someone who can make a broad range of decisions based on your values and instructions.
What Can a Health Care Surrogate Do?
Depending on how the document is written, your surrogate may be authorized to:
- Consent to or refuse medical treatment
- Access your medical records and speak with your doctors
- Authorize hospital transfers or admissions
- Make decisions about surgery, life support, or long-term care
- Act immediately or only upon your incapacity (based on how you draft the document)
Florida law allows the designation of both a primary and an alternate surrogate in case your first choice is unavailable.
Who Should You Choose?
It’s important to select someone who:
- Understands your values and health care wishes
- Can remain calm under pressure
- Is available and geographically close, if possible
- Is willing to ask tough questions and advocate for your care
Your surrogate does not have to be a family member, but it should be someone you trust implicitly with life-and-death decisions.
Make It Official—and Keep It Accessible
To be valid in Florida, the designation must be signed in front of two witnesses, one of whom is not a spouse or relative. It’s also important to provide copies to your surrogate, health care providers, and anyone else involved in your medical care. Keeping the document updated ensures it reflects your current wishes and relationships.
Plan Ahead With the Right Legal Guidance
Yelen Yelen & Simon, P.A. helps clients across Florida draft clear and effective advance directives, including health care surrogate designations and living wills. We make sure your voice is heard—even when you can’t speak for yourself. Schedule a consultation at https://www.yelen-yelen.com/contact/ or call (305) 445-3721 to get started today.