What Happens if You Do Not Have a Healthcare Surrogate?
A healthcare surrogate is someone you authorize to make medical decisions on your behalf in the event that you ever become incapacitated and cannot make these decisions for yourself. You give another person this authority through a Designation of Health Care Surrogate form. Your healthcare surrogate should be able to make decisions for you that are in your best interest and so, you should discuss your concerns with them ahead of time. But what happens if you do not have a healthcare surrogate? Our Tampa healthcare surrogate lawyer explains more below.
Who Can Act as a Healthcare Surrogate?
Any adult who is at least 18 years old, and who has the mental capacity to act as a healthcare surrogate, can act in the role. You should speak with the person in advance to confirm that they agree to the designation and can willingly act on your behalf. It is also recommended that you designate an alternate healthcare surrogate in the event that your first choice is not available, or otherwise unable to make your medical decisions. If you designate your spouse as your healthcare surrogate and you later divorce, that appointment is revoked unless your advance directive specifically states otherwise.
How to Execute a Healthcare Surrogate
As with all legal matters, a healthcare surrogate must be executed properly and meet different requirements. You must sign the form or, if you are unable to, be present when someone signs on your behalf. The form must also be dated. Two adults must witness the signing of the document and neither of these individuals can be named as your surrogate. At least one of your witnesses cannot be a blood relative or a spouse.
Who Makes Decisions if You Do Not Have a Healthcare Surrogate?
If you ever become incapacitated, cannot make decisions on your own, and you do not have a healthcare surrogate in place, your doctor must designate a decision-maker. Under the law, the people who have priority are as follows:
- Guardian, if one has been appointed by the court,
- Your spouse,
- Your adult children,
- Your parent or parents,
- Your adult siblings,
- Another family member who understands your healthcare preferences, or
- A friend who understands your healthcare preferences.
If none of the above individuals are available to act as a healthcare surrogate, your hospital’s ethics committee may choose a social worker from another hospital who can make decisions after speaking with your medical team to gain a full understanding of the situation.
Call Our Healthcare Surrogate Lawyer in Tampa Today
Estate planning involves taking steps to make sure your family is protected in the future, and that you are currently protected. At Messina Law Group, P.A., our Tampa healthcare surrogate lawyer can draft the documents you need and make sure they are properly executed so you have full protection should you ever need it. Call us now at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help with your case.
Source:
quality.healthfinder.fl.gov/report-guides/advance-directives
