The changes amend the law to allow the appointment of a health care surrogate that may act at any time, including when an adult is still competent and able to make his or her own decisions. The bill also creates a way to appoint a healthcare surrogate for the benefit of a minor when the parents, legal custodian, or legal guardian of the minor cannot be timely contacted.
A health care surrogate is a competent adult designated by another person (the principal) to make healthcare decisions in place of the principal. Generally, a determination of incapacity of the principal is required before the health care surrogate may act. This process can hinder timely assistance.
Under the amended version of Chapter 765, F.S., a principal can choose to select a health care surrogate to act at any time, including a health care surrogate who may act while the principal is still competent. The law recognizes that some adults want a health care surrogate to assist them with making medical decisions. The law states that when a surrogate’s authority exists while the patient is still competent, the patient’s wishes are controlling.
