Health Care Surrogate
Welcome. A health care surrogate also known as a health care power of attorney is an adult who you legally designate in writing, to make healthcare decisions when you become unable to make them for yourself.
A concern for anyone, is a potential loss of the cognitive ability to make health care decisions for one’s self. If this occurs, who do you trust to make decisions about what treatment option to pursue, or what medications or surgeries to accept? Surgical and diagnostic procedures require written consent. A health care surrogate document can be drafted to appoint a surrogate and to grant them legal authority to make these decisions, if you are unable to.
You can appoint one or more persons to act as your surrogate and designate whether you require these chosen individuals to make decisions jointly or independently. You can also designate an alternate health care surrogate to act if your primary designated surrogate is unavailable.
Additionally the document gives authority to your physicians to discuss your health care condition with your surrogate. This written permission is required under the Health Insurance and Portability and Accountability Act, known commonly as HIPAA.
The law governing Health Care Surrogacy is found under Chapter 765 Fla. Statutes.
Guardian Advocate for Developmentally Disabled Children.
Autism, Cerebral Palsy, Intellectual Disability, Spina Bifida, and Prader-Willi Syndrome
Chapter 393 Fla. Statutes, allows parents to become a legal guardian advocate for their child with a developmental disability, once the child reaches adulthood. This procedure is simpler than the standard guardian procedure, in that a three person expert panel is not required. Disability is determined by a form signed by the child’s physician. Developmental disability as defined in the statute applies to children who have autism, cerebral palsy, intellectual disability, spina bifida, or Prader-Willi Syndrome.
Most importantly, it is geared to the child’s individual strengths and weaknesses. It fosters independence, at the same time as offering protection. In such a proceeding, a guardian advocate, can assist in making decisions about contracting, managing money, deciding the living environment, making medical decisions and other important legal matters. It means that a parent doesn’t lose all control of safety parameters, just because the child has reached the age of eighteen.
It assures that as the child develops and matures beyond age eighteen, there is flexibility and a safety net in place for legal protection, while still allowing for optimal independence.