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Under Florida Statute 765.401, a medical proxy can be appointed to make health care decisions for an incapacitated or developmentally disabled patient if there is no executed advance directive, if there is no designated surrogate or alternate surrogate to execute an advance directive, or if the designated or
Conservator means a court-appointed conservator having authority to make a health care decision for a patient. Section 4615. Health care means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patients physical or mental condition.
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If there is no such person, then authority goes to (3) The conservator or guardian of the patient having the authority to make healthcare decisions for the patient.
If you become unable to make your own healthcare decisions and do not have a legal guardian or someone designated under a Medical Power of Attorney, then certain family members and others can make medical treatment decisions on your behalf. An advance directive does not need to be docHubd.
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The California legislature has created a formal legal process to assist in this task, the Advance Health Care Directive. When patients without such a directive lose capacity for making decisions, health care professionals turn to the patients relatives or friends for guidance.
If youre not named a health care surrogate Florida law directs your doctor to use the following list to determine a decision maker for you: Guardian (only if one has been appointed by a court) Your spouse. Your adult child or children.
If a person lacks the capacity to make decisions, the physician and health care team will usually turn to the most appropriate decision-maker from close family or friends of the person.
(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses.
In Florida, a Health Care Proxy has the same decision making authority as a Health Care Surrogate, but a proxy is someone who is appointed to this role when the patient has not designated a Health Care Surrogate, or the surrogate is unable or unwilling to perform his or her duties.

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