Responsive Lawyers Prepare Your Healthcare Proxy in Florida
Planning ahead for difficult medical decisions
If an incapacitated loved one failed to prepare an advance directive or appoint a surrogate, it may be unclear who is responsible for making medical decisions on his or her behalf, often leading to dissension among family members. A properly drafted healthcare proxy prevents this scenario. Our attorneys at Gierach and Gierach, P.A. can help you analyze the situation and create a healthcare proxy so that arguments do not ensue when critical care issues arise.
Tools to avoid dreadful uncertainty
Florida law authorizes Florida residents to make advance directives outlining what should be done about providing or withholding life-prolonging procedures, and appointing someone else to make medical decisions on their behalf. The Florida healthcare proxy is a statutory provision designating a person to visit the patient at the hospital, manage the patient’s personal belongings and make medical treatment decisions. Florida Statutes section 765.401 provides that when an incapacitated or developmentally disabled patient does not create an advance directive or designate a healthcare surrogate, the law dictates a hierarchy of who may be designated to make medical decisions for the patient.
What happens if I don't prepare an advance directive?
If you fail to prepare an advance directive and are unable to make healthcare decisions for yourself, they will be made by one of the following people according to the order designated in the Florida statute:
- Judicially appointed guardian of the patient
- The spouse
- An adult child — if there are numerous children, then a majority of the adult children
- A parent
- Adult sibling, and if there are more than one, a majority of the adult siblings
- Adult relative who has previously shown special concern for the patient and maintained regular contact with the patient
- A dear friend
- A licensed social worker
To ensure that your care is directed by someone of your own choosing, consult with one of our skilled and knowledgeable elder law attorneys at Gierach and Gierach, P.A.
Call a skilled attorney to help you create an effective healthcare proxy
Our healthcare proxy lawyers assist clients in Orlando, Winter Park and throughout central Florida. Call Gierach and Gierach, P.A. at 407-545-5744 or 866-545-5744, or contact us online today to schedule your free initial consultation. We also assist people from other states needing legal assistance in Florida.