Legal Question in Family Law in Florida
Health Care Surrogate Designation
I want to have the option of taking over medical decisions regarding my father who has sufferd a stroke from my step mother who i feel may not have his best interests in heart. What are my options and rights?
3 Answers from Attorneys
Re: Health Care Surrogate Designation
You have little or no rights unless you have some sort of power of attorney or get your father to execute one naming you as the individual who can make medical decisions on his behalf. However, if your father's stroke has affected his judgment or competency, then he may not be able to legally execute a power of attorney.
Re: Health Care Surrogate Designation
Unless your father is able to sign the required documents, very little.
Re: Health Care Surrogate Designation
You do not have any "rights" per se. If your father is not officially incapacitated, he can execute a durable power of attorney allowing you to make medical decisions for him in the event he does become incapacitated. He needs to consult with an attorney. If I were you, I would stay out of it until the document is executed to make sure there is no appearance of undue influence.
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