Florida Advanced Healthcare Directive Attorney
An Advanced Healthcare Directive ensures that your medical wishes are known and legally enforceable if you become unable to speak for yourself. Florida law provides two key documents — a Healthcare Surrogate Designation and a Living Will — that together form a comprehensive directive. Attorney Clyde Lemon ensures these documents are properly drafted and executed.
Healthcare Surrogate Designation
A Healthcare Surrogate Designation (also called a healthcare proxy) names a trusted person to make medical decisions on your behalf when you lack the capacity to do so yourself. Your surrogate can consent to or refuse treatment, access your medical records, and communicate with your healthcare providers. Unlike a living will, a surrogate can adapt to changing medical circumstances in real time.
Living Will (Declaration)
A Florida Living Will — formally called a Declaration — states your wishes regarding life-prolonging procedures in end-of-life situations. It instructs physicians on whether to withhold or withdraw treatment if you have a terminal condition, end-stage condition, or persistent vegetative state. Florida requires the document to be signed before two witnesses and specifies who may not serve as a witness.
HIPAA Authorization
A HIPAA authorization allows your designated representatives to access your protected health information from providers and insurance companies. Without this document, even close family members may be legally barred from receiving information about your medical condition. Attorney Lemon includes a HIPAA authorization as a standard part of the advanced directive package.
Frequently Asked Questions
What happens if I do not have a Healthcare Surrogate in Florida?
If you lack capacity and have no healthcare surrogate, Florida law establishes a default order of priority for who may make medical decisions — beginning with a court-appointed guardian, then your spouse, then adult children, and so on. This process can be slow and may result in decisions that do not align with your wishes. A Healthcare Surrogate Designation avoids this uncertainty.
Can I change or revoke my Advanced Healthcare Directive?
Yes. You may revoke or amend your directive at any time while you have legal capacity. You can do so in writing, orally to your physician, or by destroying the document. Attorney Lemon can prepare an updated directive if your wishes or circumstances change.
Does my healthcare surrogate have authority over financial matters?
No. A Healthcare Surrogate Designation covers medical decisions only. For financial and legal matters, you need a separate Durable Power of Attorney. Attorney Lemon prepares both documents as part of a coordinated estate plan.
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