Legal Question in Health Care Law in Florida

With regards to Durable Power of attorney and Medical power of attorney. In the state of FL, the principle must be incompetent or incapacities for the person established for Durable power of attorney or medical to be able to make healthcare decisions for them?

I was trying to research FL statue laws and wasn't sure of the rules.

Asked on 7/16/21, 2:19 pm

1 Answer from Attorneys

The Principal must be competent at the signing of the Power of Attorney, but once the Power of Attorney is in effect, the Agent having power of the Principal in a Durable Power of Attorney has the power to make decisions regardless if the Principal is competent or not. A Springing Power of Attorney is one that only becomes effective when the Principal is incompetent is no longer recognized in Florida. Springing Power of Attorney documents properly executed prior to October 2010, and that have not been revoked (still effective), may be recognized. Designation of Health Care Surrogate (Power of Attorney for Medical Decisions) become effective when the Principal is unable to make medical decisions for him/herself. Durable Power of Attorney is governed under Florida Statutes Chapter 709 and Advanced Medical Directives (including Designation of Health Care Surrogates) is governed under Chapter 765.

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Answered on 7/17/21, 7:20 am

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