An advance medical directive, sometimes called health care proxy or surrogate or a medical durable power of attorney, allows the principal to grant an individual the right to make health care decisions and to have access to medical records. It allows the principal to indicate whom they want to serve in the event that they become incapacitated and unable to make such decisions.
After October 1, 2015, a Florida individual may designate a surrogate to make health care decisions even if the client is not determined to be incapacitated. However, if the individual has the capacity, their decisions are controlled over those of the surrogate if the directions materially conflict. This document gives the authority to speak with medical professionals regarding level of care needed, surgeries needed or just basic primary care information. This document also allows the surrogate to speak on behalf of the principal to the pharmacist regarding any medications. In the event one suffers from cognitive impairments or confusion as a result of dementia, by having this document in place, the surrogate would have the authority to make the decisions necessary for the continued care of the principal.
Specifically, the surrogate would have the authority to make health care decisions and to provide, withhold, or withdraw consent on behalf of the principal; to apply for public benefits to defray the costs of health care; and to authorize the principal’s admission to or transfer from a health care facility. Additionally, the surrogate will have access to all the principal’s appropriate clinical records and may authorize the release of information and clinical records to appropriate persons to ensure the continuity of the principal’s health care. The surrogate also has the authority to authorize the withholding or withdrawing of life-prolonging or death-delaying procedures in accordance with a declaration the principal may have made.
Further, the surrogate also has the authority to direct the attending physician to prepare a written medical order that, in the event the principal suffers cardiac or respiratory arrest, cardiopulmonary resuscitation is to be withheld. This is also a do not resuscitate which can be executed ahead of time by the principal.
Failure to have an advanced medical directive in place might necessarily lead to the appointment of a guardian.