What Can and Cannot a Florida Health Care Surrogate Decide?

The surrogate acts according to the principal's instructions. The surrogate must confer promptly with appropriate health care providers to give informed consent and make only the decisions the surrogate believes the principal would have made if able. If there is no indication of what the principal would have chosen, the surrogate may consider the patient's interests in deciding that treatments are to be withheld or withdrawn.

Practical powers come with the role. The surrogate may give written consent, including for a physician's order not to resuscitate, have access to the principal's health information, authorize its release for continuity of care, and authorize admission, discharge or transfer to or from certain licensed facilities. The surrogate may also apply for public benefits such as Medicare and Medicaid and see financial records to the extent needed for the application.

Limits apply. Without express written delegation from the principal or court approval, a surrogate may not consent to the procedures listed above or to withholding or withdrawing life prolonging procedures from a pregnant patient before viability.

A later guardianship does not automatically end the role. The surrogate continues making health care decisions unless the court modifies or revokes that authority. An advance directive executed in another state in compliance with the law of that state or of Florida is validly executed for purposes of Florida's advance directive law. Signing rules are explained in health care surrogate witness rules.