The Florida Senate

765.205  Responsibility of the surrogate.--

(1)  The surrogate, in accordance with the principal's instructions, unless such authority has been expressly limited by the principal, shall:

(a)  Have authority to act for the principal and to make all health care decisions for the principal during the principal's incapacity.

(b)  Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions. If there is no indication of what the principal would have chosen, the surrogate may consider the patient's best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.

(c)  Provide written consent using an appropriate form whenever consent is required, including a physician's order not to resuscitate.

(d)  Be provided access to the appropriate medical records of the principal.

(e)  Apply for public benefits, such as Medicare and Medicaid, for the principal and have access to information regarding the principal's income and assets and banking and financial records to the extent required to make application. A health care provider or facility may not, however, make such application a condition of continued care if the principal, if capable, would have refused to apply.

(2)  The surrogate may authorize the release of information and medical records to appropriate persons to ensure the continuity of the principal's health care and may authorize the admission, discharge, or transfer of the principal to or from a health care facility or other facility or program licensed under chapter 400.

(3)  If, after the appointment of a surrogate, a court appoints a guardian, the surrogate shall continue to make health care decisions for the principal, unless the court has modified or revoked the authority of the surrogate pursuant to s. 744.3115 The surrogate may be directed by the court to report the principal's health care status to the guardian.

History.--s. 3, ch. 92-199; s. 9, ch. 94-183; s. 50, ch. 96-169; s. 23, ch. 99-331; s. 11, ch. 2000-295; s. 6, ch. 2001-250; s. 135, ch. 2001-277.