If a person is appointed a health care surrogate that person can make the
medical decision for the person who can not make decision for themselves
How do you over rule or order the person unable to make decisions
for themselves over the health care surrogate?
Your question is somewhat confusing but I believe your essentially asking is there any way you can become the healthcare surrogate after one has been appointed? If there has already been a healthcare surrogate appointed either pre- or post- incapacitation then you'll need to speak with a guardianship attorney to evaluate your rights to such an appointment. I will change the area of law to see if you can get some more answers. Hope this helps.
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To answer your first question - you are correct that a health care surrogate is someone appointed to make health care decisions for the principal when the principal cannot make them for him/herself.
Your second question is not clear. If you are asking how you can overrule a decision made by a health care surrogate, the answer is you will have to go to court and be able to prove that the action, or inaction, directed by the health care surrogate was not done within the standard required of health care surrogates.
Though this question was redirected to guardianship, this is not a guardianship question - at least not yet - so I am going to kick it back to the healthcare practice area. You will need an attorney conversant in the law of health care surrogacy and you will likely also need a medical expert.
It sounds as if you are concerned that a person who was appointed to make health care decisions for another incapacitated individual might not be handling those matters completely improperly and you want the ability to stop that from happening. Is this an accurate restatement? If so, then, my recommendation is to contact the Florida Abuse Hotline / Department of Children & Families at 800-96-ABUSE. You can make a formal written complaint at:
1317 Winewood Blvd.
Building 1, Room 202
Phone: (850) 487-1111
Fax: (850) 922-2993
If the abuse of power is life-threatening, I suggest you also can contact the police directly.
However, if the disagreement you have with the designated health care surrogate is regarding an issue that does not show clear abuse, such as which doctor or facility is chosen for care, then your ability to diminish their control will be considerably less likely. Good luck with your endeavors!
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