What is Florida Statute 765?

(a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures and mental health treatment, unless otherwise stated in the advance directives.

What is a healthcare proxy Florida?

A health care proxy is used in Florida when someone is incapacitated and has not created a designation of health care surrogate or the designated surrogate is unable or unwilling to act.

Does a healthcare proxy need to be notarized in Florida?

The law requires that you sign your Designation of Healthcare Surrogate in the presence of two adult witnesses, who must also sign the document. Note: You do not need to notarize your Florida Designation of Healthcare Surrogate.

Does Florida have a default surrogate decision making law?

In Florida, when a person becomes incapacitated and is no longer able to consent, the health care provider must look to someone else to make the health care decisions for that individual. Once that occurs, the health care surrogate takes over making the health care decisions for the incapacitated person.

What is the difference between a living will and a designation of health care surrogate?

A living will establishes whether an individual wants artificial life-prolonging treatment. A Health Care Surrogacy Designation authorizes chosen persons to make health care decisions on their behalf if they are unable.

Does a living will expire in Florida?

Florida law allows you to amend or revoke your living will at any time, so long as you remain mentally competent. You can revoke your will in Florida in the following ways: By a signed, dated writing.

Can a health care proxy override the patient?

Also, no matter what choices you have written on paper, your Health Care Proxy can override any decision and can make choices without regard to any other family member, friend, or medical provider’s opinion.

Is health care proxy and surrogate the same?

A Health Care Proxy is also known as a Health Care Surrogate, Agent, Attorney-in-Fact or other similar terms. A Health Care Proxy makes medical decisions for you if you can’t make them on your own for any reason.

Is a health care surrogate the same as power of attorney?

A Health Care Surrogacy Designation authorizes chosen persons to make health care decisions on their behalf if they are unable. A power of attorney, on the other hand, is a legal document where a principal gives authority to an agent to make decisions on behalf of the principal.

What is the difference between a surrogate and a power of attorney?

What is the difference between a Medical Power of Attorney and a Health Care Surrogate? The main difference between a medical power of attorney and a healthcare surrogate is that you appoint a medical power of attorney representative to make healthcare decisions for you when you become unable to make them for yourself.

What is the definition of a proxy in Florida?

Proxy: means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to…. See Florida Statutes 765.101

Who is a person under Florida Statute 765.101?

See Florida Statutes 765.101 person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01

Who is a proxy in Chapter 491 of the Constitution?

765.401 The proxy.— (g) A close friend of the patient. (h) A clinical social worker licensed pursuant to chapter 491, or who is a graduate of a court-approved guardianship program. Such a proxy must be selected by the provider’s bioethics committee and must not be employed by the provider.

How is a proxy chosen for a provider?

If the provider does not have a bioethics committee, then such a proxy may be chosen through an arrangement with the bioethics committee of another provider. The proxy will be notified that, upon request, the provider shall make available a second physician, not involved in the patient’s care to assist the proxy in evaluating treatment.