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Drafting a Healthcare Surrogate in Fort Myers

The occurrence of a severe injury or illness can happen to anyone at any time. If this occurs, it is important to have an effective health care surrogate to provide crucial assistance to your family and loved ones in dealing with this life-altering event. A health care surrogate designates an individual to make health care decisions for you if you are unable to do so yourself. This individual will be able to make any and all health care decisions on your behalf which you would be able to make for yourself including applying for public benefits.

Under Florida Law, the surrogate may only make decisions for the principal which he or she believes the principal would have made under the circumstances. If there is no indication as to what the principal would have chosen, the surrogate may consider the patient's best interests in making decisions.

Appointing an Alternate Surrogate

According to Florida Statute, an individual may also appoint a backup or alternate surrogate to act in case your primary designation is unwilling or unable to do so. The designation of a surrogate and alternate surrogate can be revoked and modified at any time while you are living and have the capacity to make your own decisions.

The designation of a health care surrogate will become effective upon the examination and determination by an individual's attending physician that a person is incapacitated and unable to make their own health care decisions. This determination must be conferred by another physician before becoming effective. The surrogate will be valid until or if the principal should regain capacity.

Finally, unless designated otherwise, a health care surrogate cannot provide consent for abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments, or a voluntary admission to a mental health facility.

When should you appoint a healthcare surrogate?

Appointing a health care surrogate is an important step to be taken by every individual. In the absence of a properly executed health care surrogate, Florida Statute generally designates individuals in order of priority who would be permitted to make health care decisions for you.

As such, it is exceptionally important for an individual to consider a health care decision if they are:

  1. Single
  2. Newly married
  3. Living with a significant other outside of marriage
  4. Separated
  5. Divorced or contemplating divorce

Legal Guidance from Our Fort Myers Estate Planning Lawyer

A life-changing event can occur at any time. If one should occur, it is important to make sure that you designate a trusted individual to make health care decisions for you if you are unable. Don't leave that decision to the generalized rules of Florida Statute. Contact a Florida Estate Planning Attorney to customize a health care surrogate that meets your needs.

Additionally, if you have recently moved to Florida and have a health care surrogate executed in another state, we can review it to make sure it's effective under Florida Law at no cost to you. We can make it quick and easy to provide that necessary protection for your family and loved ones. Don't wait until it's too late.

Contact our office to set up a consultation today! We offer discounted prices for AARP members.

Meet Our Attorneys

  • William M. Powell, Esq.
    William M. Powell, Esq. Partner
  • Rita M. Jackman
    Rita M. Jackman Partner
  • Adam J. Stevens
    Adam J. Stevens Partner
  • Richard M. Ricciardi, Jr.
    Richard M. Ricciardi, Jr. Partner
  • Diana Castrillon
    Diana Castrillon Attorney
  • William M. Powell, Esq. Partner
    William M. Powell, Esq.

    Although William M. Powell, Esq. is well-versed in a variety of legal matters and case types, he has built a strong reputation through his focus on personal injury and medical malpractice cases. Your Advocates are proud to have him as a member of our law firm. He shares our passion for helping people in need and prioritizes our clients’ needs. Read More

  • Rita M. Jackman Partner
    Rita M. Jackman

    Ms. Jackman’s unwavering ambition and leadership has provided clients and will provide her future clients a star in this profession. Ms. Jackman is a relentless researcher and preparer who handles her client tasks with a tremendous amount of preparation and thought. Ms. Jackman was born and raised in Cape Coral, Florida which has worked to benefits her practice and the clients that she serves. Read More

  • Adam J. Stevens Partner
    Adam J. Stevens

    Mr. Stevens has found his niche by becoming a litigation attorney and understands that communication between an attorney and client are paramount to obtaining favorable results. Mr. Stevens is known for taking on any and all types of cases no matter how difficult or routine they may be. Mr. Stevens is known as an aggressive attorney, though at the same time understands that some cases require a more patience to ensure a favorable result. Mr. Stevens does not shy away from challenging legal issues and has litigated complex matters against municipalities, international unions, large banking institutions, and several insurance companies. Read More

  • Richard M. Ricciardi, Jr. Partner
    Richard M. Ricciardi, Jr.

    His experience in litigation provides him the ability to identify and isolate potential areas of conflict and effectively counsel clients around potential pitfalls. Mr. Ricciardi believes that proper estate planning, real estate counsel, and business planning are areas of importance to everyone. Protecting and dispensing clients' various interests, assets, and lifetime earnings can make the difference between a comfortable retirement and wasting thousands of dollars in assets and earnings. Specialized knowledge, experience and attention to detail in these areas is therefore critically important. Read More

  • Diana Castrillon Attorney
    Diana Castrillon

    Ms. Castrillon has been in practice for over 19 years in the State of Florida. Diana started her practice as a defense attorney representing insurance companies, and for the last 17 years, Ms. Castrillon has been representing only injured workers in Workers’ Compensation cases.

How We're Different:

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  • Over 70 years' combined experience
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