Attorney Kellen Bryant explains the medical power of attorney (healthcare surrogate) and the important healthcare decisions this person can make on your behalf.
When planning for potential incapacity or medical emergencies, one of the most important documents you can create is a medical power of attorney. This document ensures that someone you trust can make healthcare decisions for you if you’re unable to make them yourself.
Florida’s Terminology: Healthcare Surrogate
In Florida, a medical power of attorney is referred to as a healthcare surrogate, which is a person who has been given the authority to make medical decisions on behalf of someone else.
Key points about the terminology:
- “Healthcare Surrogate” is Florida’s official term
- “Medical Power of Attorney” is used in other states
- Both terms refer to the same basic concept
- The document is called a “Designation of Healthcare Surrogate”
Broad Authority for Medical Decisions
The designation of healthcare surrogate will give someone a laundry list of authorities and powers to make decisions regarding a person’s medical care.
This comprehensive authority covers virtually all aspects of your healthcare, from routine medical decisions to end-of-life care choices.
Specific Powers of a Healthcare Surrogate
Your healthcare surrogate has the authority to make many types of medical decisions on your behalf:
Living Arrangements and Care Settings
Such as whether they will be placed in a nursing home or with hospice.
This includes decisions about:
- Nursing home placement when skilled care is needed
- Hospice care for end-of-life comfort
- Assisted living facilities for daily living support
- Home healthcare services to remain at home
- Rehabilitation facilities for recovery
Medical Treatment Decisions
A healthcare surrogate might also have the power to provide informed consent for surgery on someone else’s behalf.
Medical treatment authority includes:
- Surgical procedures – From minor operations to major surgeries
- Diagnostic tests – Approving or declining medical testing
- Medication decisions – Choosing treatments and prescriptions
- Therapy options – Physical, occupational, or speech therapy
- Experimental treatments – Decisions about clinical trials or new procedures
Mental Health Treatment
Be able to place them into a mental health treatment facility.
Mental health authority encompasses:
- Psychiatric hospital admission
- Mental health treatment decisions
- Medication for mental health conditions
- Therapy and counseling choices
- Decisions about mental health evaluations
End-of-Life Decisions
And exercise a do not resuscitate order.
End-of-life authority includes:
- Do Not Resuscitate (DNR) orders
- Life support decisions
- Feeding tube choices
- Ventilator decisions
- Pain management preferences
- Comfort care options
When Healthcare Surrogate Authority Activates
Your healthcare surrogate can only make decisions when:
- You’re unable to communicate your own healthcare wishes
- You’re incapacitated and cannot make informed decisions
- Medical professionals determine you lack capacity for healthcare decisions
- You’re unconscious or in a coma
- Mental impairment prevents you from understanding treatment options
Additional Powers Healthcare Surrogates May Have
Beyond the basic medical decisions, healthcare surrogates often have authority for:
Healthcare Information Access
- Review medical records
- Speak with doctors and nurses
- Access test results
- Obtain medical information needed for decisions
Healthcare Provider Decisions
- Choose doctors and specialists
- Change healthcare providers
- Select hospitals or medical facilities
- Hire or dismiss healthcare professionals
Treatment Plan Modifications
- Modify treatment plans as circumstances change
- Discontinue treatments that aren’t working
- Seek second opinions
- Change care goals (curative to comfort care)
Limitations on Healthcare Surrogate Authority
While healthcare surrogates have broad authority, there are some limitations:
- Cannot override your express wishes if you’ve documented them
- Cannot authorize certain procedures prohibited by law
- Must act in your best interests according to your known values
- Cannot make decisions if you’re capable of making them yourself
Choosing Your Healthcare Surrogate
When selecting your healthcare surrogate, consider someone who:
- Knows your values and preferences
- Can make difficult decisions under pressure
- Will advocate for your wishes even if they disagree
- Can communicate effectively with medical professionals
- Is geographically accessible when decisions are needed
- Is willing and able to serve in this role
Importance of Clear Communication
To help your healthcare surrogate make decisions that align with your wishes:
- Discuss your values and healthcare preferences
- Share your wishes about end-of-life care
- Talk about quality of life considerations
- Document specific preferences in writing
- Update your surrogate as your views evolve
Working with Living Wills
Healthcare surrogates often work in conjunction with living wills:
- Living wills provide specific instructions for certain situations
- Healthcare surrogates make decisions for situations not covered by living wills
- Both documents work together to ensure your wishes are followed
- Surrogates interpret living will instructions when situations are unclear
The Critical Importance of This Document
A healthcare surrogate designation is essential because:
- Medical decisions often cannot wait for court proceedings
- Family members may not have legal authority to make decisions
- Healthcare providers need clear authority to share information and accept decisions
- Emergency situations require immediate decision-making
Without a designated healthcare surrogate, your family may face delays, legal complications, and uncertainty during medical emergencies when quick decisions are crucial.
The Bottom Line
A medical power of attorney (healthcare surrogate in Florida) is a crucial document that gives someone you trust the comprehensive authority to make healthcare decisions on your behalf when you cannot make them yourself. This includes everything from routine medical care to end-of-life decisions, nursing home placement, surgical consent, and mental health treatment.
The key is choosing someone you trust completely and communicating your healthcare values and preferences clearly so they can make decisions that align with your wishes.
Put your mind at ease and make an appointment to meet with the Berg Bryant Elder Law Group in Jacksonville, Florida today to create your healthcare surrogate designation and ensure your medical wishes will be respected.
This information is provided by Attorney Kellen Bryant. For personalized guidance about creating your healthcare surrogate designation and other advance directives, consult with a qualified estate planning attorney.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
