Choosing a Health Care Surrogate: It’s Not Just About “Pulling the Plug”

When I meet with clients in Sarasota or Bradenton to discuss estate planning, the conversation often flows easily when we talk about who gets the house or the jewelry. But when I bring up “Advance Directives”, the medical documents, the mood often shifts.

Many people mistakenly believe these documents are only for the very end of life. They think, “I don’t need that yet; I’m healthy.”

However, a Health Care Surrogate is not just about “pulling the plug.” It is a vital tool for managing recovery, temporary incapacity, and unexpected medical events. To help clarify this critical role, I have compiled an FAQ to explain why this designation is just as important as your Will.

FAQ: Understanding Your Medical Directives

Q: What exactly is a Health Care Surrogate?

A Health Care Surrogate is a specific type of medical power of attorney recognized in Florida. It is a legal document where you designate a person (your “Surrogate”) to make medical decisions for you if you are unable to make them yourself.

Think of this person as your voice. If you are under anesthesia, in a temporary coma after an accident, or suffering from dementia, your Surrogate can speak to doctors, access your medical records (HIPAA release), and authorize treatments on your behalf.

Q: Is this the same thing as a Living Will?

No, and this is the most common confusion I see.

• A Living Will is a written set of instructions regarding end-of-life procedures. It typically only applies if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It tells doctors whether you want life-prolonging procedures (like ventilators or feeding tubes) withheld or withdrawn.
• A Health Care Surrogate covers everything else. Your Surrogate makes decisions about surgery, medication, transferring you to a rehabilitation facility, or choosing a specialist.

Key Takeaway: A Living Will is a document that speaks for you; a Surrogate is a person who speaks for you. You generally need both.

Learn more about these specific documents here.

Q: Does my spouse automatically have the right to make these decisions?

Not necessarily. While Florida law does provide a “proxy” list for decision-makers if you haven’t named one (with the spouse usually first), relying on the default law can cause delays.

If you are separated, or if your spouse is also incapacitated (common in car accidents involving couples), doctors may not know who to turn to. Naming a designated Surrogate and a backup removes the guesswork and allows the medical team to act quickly.

Q: Who should I choose as my Surrogate?

This is a deeply personal decision. It does not have to be the same person you name as the Personal Representative (executor) of your Will. When I counsel clients, I suggest looking for someone who:

1. Lives locally (or can travel): Medical crises often require someone at the bedside.
2. Is calm under pressure: Can they listen to complex medical options without panicking?
3. Will follow your wishes: You need someone who will do what you want, even if it’s hard for them.

Q: Can I appoint my children?

Yes, and many people do. However, if you have multiple children, I often advise clients to name them in a specific order (e.g., “Son A, then Daughter B”) rather than as “co-surrogates” who must act together. Requiring two people to agree on a time-sensitive emergency surgery can create unnecessary stress and delays.

Start the Conversation Today

Choosing a Health Care Surrogate is an act of love for your family. It relieves them of the burden of guessing what you would have wanted during a medical crisis.

If you have questions about Living Will vs Surrogate forms or need to update your current directives, I am here to guide you through the process.

• Read more answers to common questions on my FAQ page.
• Learn more about my background and approach.

Legal Disclaimer

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask me to send you free written information about my qualifications and experience.

This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting my office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. My office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.