Effective October 1, 2015, the Florida Health Care Surrogate Act is amended to make two important changes:
- A Designation of Health Care Surrogate can be effective immediately, allowing a designated surrogate receive health information, make health care decisions, or both. Previously, the Designation was only effective following a determination of incapacity by two physicians. (See Section 765.202(6), Florida Statutes)
- Authority is given to parents and legal guardians to designate a health care surrogate for a minor. (See Section 765.2035, Florida Statutes)
New statutory forms of the Designation are also provided. (See Sections 765.203 and 765.2035, Florida Statutes).
These new provisions provide valuable options, particularly for multigenerational family groups where grandparents, parents, and children are often involved in each others’ care.
We stand ready to assist with understanding and utilizing these new options.
(Note: You may split authorization to receive medical information and authorization to make medical decisions so that one is available immediately and the other only upon incapacity.)
