Under Florida law, any competent adult has the right to designate a surrogate to make health care decisions on his or her behalf. The surrogate may also consult with the principal’s health care providers, provide written consent on behalf of the principal, access medical records of the principal, and apply for benefits on behalf of the principal. A designation of health care surrogate works in conjunction with a Living Will.
Florida law requires the execution of a designation of health care surrogate follow certain formalities. The designation must also contain certain information to eliminate any confusion in the appointment of a health care surrogate. It is important to work with an attorney to draft and review any designation of health care surrogate and to identify and address any problems or concerns the principal might have.