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How Do I Secure Medical POA in Florida?
Securing a Medical Power of Attorney (POA) in Florida, more commonly referred to as a Healthcare Surrogate, can be a simple process when you gain the information necessary to better understand what it means to appoint or become a Medical POA (Healthcare Surrogate).

In the state of Florida, the document that will need to be completed to appoint a medical power of attorney is titled, “Designation of Health Care Surrogate.” You will want to work with an attorney during the process of creating this Medical Power of Attorney in order to make the process smooth, seamless and legal. Although, the Medical POA does not have to be registered or recorded, in order for it to be effective the document must be in writing, signed by you, before witnesses and a Notary Public. 

You may have a few questions on becoming or appointing a Medical Power of Attorney. Keep reading to find out more on what it means to become or be appointed as a Florida Medical Surrogate. Necessary steps to take for a Medical POA, how long the process takes, what requirements are necessary, who can be a Medical POA and the costs associated with the process. 

Becoming or Appointing Medical Power of Attorney in Florida

To become the medical power of attorney (Health Care Surrogate) or to appoint a person to become your medical power of attorney in Florida, you must complete a  Florida Medical Power of Attorney Form, also commonly referred to as the “Florida Designation of Health Care Surrogate.” This form will have you choose your appointed Medical POA (agent), in addition to having you choose which options and how much power your acting agent will have over medical decisions involved in your life once you are deemed incapable of making these decisions for yourself. You and your surrogate or agent will then choose which healthcare decisions can be made for you in the chance of a situation where you are deemed incompetent to make decisions on your own by your doctor. 


In most cases there are two options that you can select for your Medical Power of Attorney involving which healthcare decisions they can make for you. You can choose to limit your acting agent’s power or give them full power. Unless you specifically choose differently, the most common selection for Medical POA means you authorize your acting POA to make any and all final medical decisions on your behalf, with your doctor's approval. Those decisions include:


  1. Agreeing to refuse medical treatment on your behalf, including the choice for life-sustaining care
  2. Health Care Benefit Packages
  3. Access to all of your medical records in order to make informed decisions on your behalf
  4. Choosing whether or not your organs and tissues can be donated


Those outline the main structures of what your Medical POA can do on on your behalf. Some of the things they cannot do include, but are not limited to: experimental treatment methods, aborting a child,withholding life-prolonging treatment if with child, electroshock treatments, and “sterilization,” according to Chapter 765, section 113, of the
Florida Statutes Healthcare Advance Directives for Civil Rights.  


If you choose to include any other specific limitations regarding your medical POA’s choices, you will want to work with a Florida attorney to make sure you have covered all of the bases of what you want and expect from your agent.

Becoming or Appointing Medical Power of Attorney in Florida

To become the medical power of attorney (Health Care Surrogate) or to appoint a person to become your medical power of attorney in Florida, you must complete a Florida Medical Power of Attorney Form, also commonly referred to as the “Florida Designation of Health Care Surrogate.” This form will have you choose your appointed Medical POA (agent), in addition to having you choose which options and how much power your acting agent will have over medical decisions involved in your life once you are deemed incapable of making these decisions for yourself. You and your surrogate or agent will then choose which healthcare decisions can be made for you in the chance of a situation where you are deemed incompetent to make decisions on your own by your doctor. 


In most cases there are two options that you can select for your Medical Power of Attorney involving which healthcare decisions they can make for you. You can choose to limit your acting agent’s power or give them full power. Unless you specifically choose differently, the most common selection for Medical POA means you authorize your acting POA to make any and all final medical decisions on your behalf, with your doctor's approval. Those decisions include:


  1. Agreeing to refuse medical treatment on your behalf, including the choice for life-sustaining care
  2. Health Care Benefit Packages
  3. Access to all of your medical records in order to make informed decisions on your behalf
  4. Choosing whether or not your organs and tissues can be donated


Those outline the main structures of what your Medical POA can do on on your behalf. Some of the things they cannot do include, but are not limited to: experimental treatment methods, aborting a child,withholding life-prolonging treatment if with child, electroshock treatments, and “sterilization,” according to Chapter 765, section 113, of the
Florida Statutes Healthcare Advance Directives for Civil Rights.  


If you choose to include any other specific limitations regarding your medical POA’s choices, you will want to work with a Florida attorney to make sure you have covered all of the bases of what you want and expect from your agent.

Steps to Take for Medical Power of Attorney in Florida

The steps that should be taken when choosing an agent as your Medical Power of Attorney include, but are not limited to:


  1. Choose Your Surrogate/Acting Agent
  2. Be specific on what decisions Your POA can make for you and what they do not have the power to do. 
  3. Fill out your Florida Medical Power of Attorney Form.
  4. Sign your document before subscribing witnesses and a Notary Public. 

How Long is the Process for Medical Power of Attorney?

The Florida Bar states that once everything has been officially signed, witnessed, and notarized, your Medical Power of Attorney is effective immediately, but as long as you are sound in mind and body, you will continue making your own medical decisions, unless otherwise noted. You do have the capability to revoke the medical power from your originally chosen agent if necessary but this must be done while you maintain and have full-capacity of decision making. It is always wise to have extra copies of your document in your important belongings, with a trusted family member and with a legal professional of your choice. It is also a good idea to provide a copy to your primary physician, and any medical specialists that you may be a patient of.

What Requirements Must be Met for a Medical Power of Attorney in Florida and Who Can Become a Medical Power of Attorney?

The number one requirement that must be met to become or assign a Medical Power of Attorney in Florida is that the agent you choose must be a competent adult over the age of 18 years old, as outlined by the Florida Bar. The person selected to act as your Medical POA does not have to be a member of your family. You should choose someone that you trust who fully understands your values and personal beliefs if they must be acted upon. You can, and usually should select an alternate person to take over their duties as surrogate in the event your primary surrogate is unwilling or unable to act when the time comes.

Costs Associated with Medical Power of Attorney Legal Fees and Documents

The Medical Power of Attorney document can be created without legal assistance, although it is not recommended. If you choose to go the inexpensive route, your costs will be whatever your notary charges you, which can be as low as $10.00 in Florida, and generally as low as $50.00, according to Agingcare.com. It is always suggested to work with a professional attorney or legal professional in these cases to ensure that every box is checked. If you choose to work with a legal professional, their costs will differ based on their hourly or base rates.

Appointing a Medical Power of Attorney

Although it is never easy to imagine yourself as incapacitated in your own medical decision making process, it is important to understand that if the time ever comes, having a Medical POA already in place will save your family and loved ones from facing hard decisions. Seeking out and assigning a trustworthy person to become your Medical POA is important to do at any stage in your life, because it protects you and your free-will in addition to protecting your friends and family. Your medical and personal decisions are based on your individual beliefs, which is why it’s imperative to discuss these choices with a close, trustworthy person and appoint someone as your Medical POA that will be able to correctly make your decisions for you in the event that you are ever mentally or physically incompetent to make them for yourself.


Sources

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".

David Folkenflik
Attorney

Mr. Folkenflik is a graduate of Countryside High School, in Clearwater; St. Petersburg Junior College; and the University of South Florida in Tampa. He received his law degree, with Honors, from the University Of Florida College Of Law at Gainesville.

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