When is a health care proxy needed?
When a written advance directive has not been created and health care decisions become necessary on behalf of an incapacitated individual, decisions may be made by a health care proxy. The Florida statute has set forth the order of priority that must be followed in the designation of the proxy: Judicially appointed guardian Spouse if competent Majority of adult competent children who are reasonably available Parent Majority of adult siblings Other adult relative Close friend The written designation of a surrogate and a written living will can help avoid confusion and ensure that the wishes of the individual will be followed. If you need further information on this subject or need to have these documents prepared for you, consult with a qualified attorney in your area or if you are near St. Petersburg, Florida, contact Deeb Elder Law, P.A.
