Who makes decisions for you when you cannot? - Things to think about

To ensure your wishes, you better have them in writing. Under Florida law, any person may designate a surrogate to make health care decisions on their behalf, if they become incapacitated. Incapacity occurs when a doctor determines one cannot give informed consent. The surrogate will then make the decisions. If there is no designation, a judge may adjudicate the issue upon the filing of a petition.

The health care proxy statute provides the pecking order of those to make decisions as follows: judicially appointed persons; adult child of the person; adult sibling of person; adult relative with special interest; close friend or social worker. If you need help making a designation of health care surrogacy, or simple will, please contact us.

FLORIDA STATUTE 765

Florida Statute 765 defines an advanced directive as a witnessed writing or oral statement giving instructions about a principal’s health care, and includes a designation of health care surrogacy, living will or anatomical gift pursuant to part V of this chapter.