Health Care Surrogate Designation. A DPOA (Durable Power of Attorney) does not solve all the potential legal problems which an individual client would experience if he became incapacitated. A DPOA will only solve half of the problems associated with incapacity. The other side of the coin deals with who will make decisions regarding health care choices and alternatives should you be unable to express your desires. Florida has created a law (Florida Statutes Û 765) which sets forth a suggested hierarchy of individuals who may make health care decisions in place of the incapacitated client. This list, however, may be deviated from in the case of a perceived conflict of interest, and ignored by the court system unless there is a clear expression of intent by the client. Such a clear expression may be made by the execution of a Health Care Surrogate Designation. A Health Care Surrogate Designation is very similar to a Durable Power of Attorney, but instead of focusing on your financial life it gives authority to another to make medical decisions on your behalf. You direct what kind of decisions are to be made, including decisions on the withholding or stopping of medical treatment in the case where death is imminent. Such inclusion acts like a living will. Another difference between a DPOA and a Health Care Surrogate Designation is that while a standard DPOA will become effective immediately upon signing, a Health Care Surrogate Designation only becomes effective if you can not express your desires as to your medical treatment. In court proceedings to establish a guardianship the court will appoint a guardian for the property of the ward (the incapacitated individual) and a guardian for the personal affairs of the individual. Often times this is the same person. Similarly, the holder of your DPOA, who is responsible for managing the property of the person and the Health Care Surrogate can be the same.

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