LegalJourney Blog

Thursday, October 1, 2015

Law Change Alert: Florida Changes Health Care Surrogate Law - Effective October 1, 2015

With the change to Florida Statute Section 765.202, health care surrogates can immediately make health care decisions and gain access to medical records. Prior to the statute change, a health care surrogate could not act without a medical determination that the surrogacy was needed (i.e. the patient could no longer make their own medical decisions). Due to changes in lucidity, this caused issues based on the stability of the patient. Resulting in the potential for the need of multiple incapacity determinations and gaps in care. With the change to the statute, a surrogate can access medical records and make health care decisions prior to a determination of incompetency, but while the patient has capacity, their decisions controls. 

Section 765.2035 of the new law also removes any confusion around if parents and/or guardians could name surrogates for minor children.

Contact us today to discuss making changes to your current plan or if you have any questions regarding the change in law.


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Attorney Karnardo Garnett represents clients with their Estate Planning, Elder Law and Asset Protection needs throughout the Tampa Bay Area, serving all of the bay area, including but not limited to Tampa, Brandon, Clearwater, St. Petersburg, Gibsonton, Riverview, Oldsmar, Safety Harbor, Hillsborough County, and Pinellas County, FL



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