BETTEN, MURPHY & WEISS
Attorneys, PA
Brevard's Elder Law Firm
1800 Penn Street, Suite 6
Melbourne, FL 32901-2625
Phone (321) 676-2525
A Designation of a Health Care Surrogate is a legal document in which a person appoints another person to make health care decisions on his or her behalf in the event of future incapacity. The authority of the surrogate decision-maker becomes effective on a determination by the person’s attending physician and a second physician that the person lacks the capacity to make health care decisions or provide informed consent. The authority of the surrogate terminates in the event the attending physician determines that the person has regained the capacity to make such decisions.
What is a Health Care Surrogate?
A Health Care Surrogate is known in many states as a Health Care Power of Attorney. A Health Care Surrogate is a written document in which you designate someone to make your health care decisions if you become incapacitated. When you have a Health Care Surrogate along with our Health Care Workbook, your personal and private wishes are respected.
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What are the execution requirements for a HCS?
A Designation must be in writing, dated and signed by the person making it in the presence of two adult witnesses who also sign. A person unable to sign the document may, in the presence of witnesses, make arrangements to direct another person to sign on his or her behalf. After a HCS is completed, it is important to give an original (make more than one) to the person designated as surrogate and your primary physician.
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How can I revoke a HCS?
If you complete a Designation of Health Care Surrogate and later change your mind, you may revoke it at any time by any of the following methods:A signed and dated written instrument;
Physical cancellation or destruction of all original documents;
By completing a new HCS that is materially different from the one you previously executed and wish to revoke.
A revocation becomes effective when it is communicated to the designated surrogate or to your health care provider or facility.