Guardianship
Are advanced directives from other states considered valid under state law? - ANS
-Yes.
Can a medical provider terminate life support when brain death occurs? - ANS -Yes,
but they must notify the next-of-kin as soon as possible.
Can the guardian specify who is to be the standby guardian? - ANS -Yes.
Does the health care surrogate continue to make decisions regarding the incapacitated
persons' health when a guardian is assigned? - ANS -Yes
How can a guardian advocate be appointed? - ANS -The Circuit Court can appoint a
guardian advocate for a person with developmental disabilities without an adjudication
of incapacity if the person lack the decision making ability to do some, BUT NOT ALL of
the tasks necessary to care for the person, or property or if the person petitions to do
so. Courts do this as a less restrictive form of guardianship proceeding.
How can the principle revoke a surrogate? - ANS -Verbally, by a signed dated writing,
execution of a new surrogate form, destroying or having another destroy the surrogate
form. Dissolution or annulment of a marriage revokes the designation of surrogacy.
How does an out-of-State guardian and ward have their arrangement recognized by
Florida? - ANS -Within 60 days of the establishment of Florida residency by a ward who
previously lived in another state, the foreign guardian of the ward must file authenticated
copies of his or her appointment with the clerk of Florida court in the county where the
WARD resides. If not Florida residents, a foreign guardian may maintain or defend any
action in Florida as a representative of the ward, but after 60 days there must be a local
resident of the guardian.
How must a DPOA be executed? - ANS -In front of two witness and preferably with a
notary present. If real property is involved, it must be filed within the County where the
real property that is being conveyed is located. Furthermore, the statute governing the
creation of DPOAs mandates that some language appear in
, the DPOA that demonstrates "the principal's intent that the authority conferred is
exercisable notwithstanding the
principal's subsequent incapacity." F.S. 709.08(1). Subsection (1) of the statute requires
the following language to
express such intent: "This durable power of attorney is not affected by subsequent
incapacity of the principal except as
provided in s. 709.08, Florida Statutes."
Is a MD liable for surrogate mistakes? - ANS -No, as long as a preponderance of the
evidence shows they were acting in good faith.
Is physician assisted suicide legal in Florida? - ANS -No per FS 765.309
What are life prolonging procedures? - ANS -Any medical procedure, treatment or
intervention including artificially provided sustenance and hydration which sustains,
restores or supplants a spontaneous vital function. Does not include medical
procedures, pain management, or comfort care.
What are restrictions on a surrogate - what can't they agree to? - ANS -Unless
expressly delegated - abortion, electroshock therapy, psychosurgery, sterilization,
experimental treatments, admission fo a mental health facility, withholding or
withdrawing life-prolonging procedures from a pregnant patient before viability.
What are some advantages to Guardianship? - ANS -The Court acts as a guardian
angel, preventing issues from occurring, regular financial disclosures, and responding to
needs estate planners may not respond to or understand.
What are the natural guardians of a child in minority? - ANS -The mother and father, or
the survivor of them, even if he or she remarries, or the parent who wins custody in a
divorce. Single mothers with children born out of wedlock are the natural guardian of
children barring court order.
What are the requirements for a DNRO? - ANS -It must be executed on a YELLOW
form - DH Form 1896. Can only be reproduced on canary yellow paper and must be
signed by the patient. It does not require someone to be in a terminal condition or that
someone have a living will - is NOT an advanced directive.
What are the requirements of a HCS? - ANS -One must designate the surrogate in a
writing in the presence of two subscribing adult witnesses. A principal
Are advanced directives from other states considered valid under state law? - ANS
-Yes.
Can a medical provider terminate life support when brain death occurs? - ANS -Yes,
but they must notify the next-of-kin as soon as possible.
Can the guardian specify who is to be the standby guardian? - ANS -Yes.
Does the health care surrogate continue to make decisions regarding the incapacitated
persons' health when a guardian is assigned? - ANS -Yes
How can a guardian advocate be appointed? - ANS -The Circuit Court can appoint a
guardian advocate for a person with developmental disabilities without an adjudication
of incapacity if the person lack the decision making ability to do some, BUT NOT ALL of
the tasks necessary to care for the person, or property or if the person petitions to do
so. Courts do this as a less restrictive form of guardianship proceeding.
How can the principle revoke a surrogate? - ANS -Verbally, by a signed dated writing,
execution of a new surrogate form, destroying or having another destroy the surrogate
form. Dissolution or annulment of a marriage revokes the designation of surrogacy.
How does an out-of-State guardian and ward have their arrangement recognized by
Florida? - ANS -Within 60 days of the establishment of Florida residency by a ward who
previously lived in another state, the foreign guardian of the ward must file authenticated
copies of his or her appointment with the clerk of Florida court in the county where the
WARD resides. If not Florida residents, a foreign guardian may maintain or defend any
action in Florida as a representative of the ward, but after 60 days there must be a local
resident of the guardian.
How must a DPOA be executed? - ANS -In front of two witness and preferably with a
notary present. If real property is involved, it must be filed within the County where the
real property that is being conveyed is located. Furthermore, the statute governing the
creation of DPOAs mandates that some language appear in
, the DPOA that demonstrates "the principal's intent that the authority conferred is
exercisable notwithstanding the
principal's subsequent incapacity." F.S. 709.08(1). Subsection (1) of the statute requires
the following language to
express such intent: "This durable power of attorney is not affected by subsequent
incapacity of the principal except as
provided in s. 709.08, Florida Statutes."
Is a MD liable for surrogate mistakes? - ANS -No, as long as a preponderance of the
evidence shows they were acting in good faith.
Is physician assisted suicide legal in Florida? - ANS -No per FS 765.309
What are life prolonging procedures? - ANS -Any medical procedure, treatment or
intervention including artificially provided sustenance and hydration which sustains,
restores or supplants a spontaneous vital function. Does not include medical
procedures, pain management, or comfort care.
What are restrictions on a surrogate - what can't they agree to? - ANS -Unless
expressly delegated - abortion, electroshock therapy, psychosurgery, sterilization,
experimental treatments, admission fo a mental health facility, withholding or
withdrawing life-prolonging procedures from a pregnant patient before viability.
What are some advantages to Guardianship? - ANS -The Court acts as a guardian
angel, preventing issues from occurring, regular financial disclosures, and responding to
needs estate planners may not respond to or understand.
What are the natural guardians of a child in minority? - ANS -The mother and father, or
the survivor of them, even if he or she remarries, or the parent who wins custody in a
divorce. Single mothers with children born out of wedlock are the natural guardian of
children barring court order.
What are the requirements for a DNRO? - ANS -It must be executed on a YELLOW
form - DH Form 1896. Can only be reproduced on canary yellow paper and must be
signed by the patient. It does not require someone to be in a terminal condition or that
someone have a living will - is NOT an advanced directive.
What are the requirements of a HCS? - ANS -One must designate the surrogate in a
writing in the presence of two subscribing adult witnesses. A principal
