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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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A woman is dying in a state of florida. health care proxy is

Customer Question

a woman is dying in a state of florida. health care proxy is her grand daughter, that wants to continue treatment. The rest of the family, including husband, want comfort measures only. Doctors say that the husband's opinion overrules health care proxy (granddaughter) Is that right? If not, what should granddaughter do
Submitted: 10 months ago.
Category: Legal
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The doctor is correct that the husband overrules the granddaughter. Under Florida Code 765.401, and in the absence of an advanced directive signed by the patient which expressly names a surrogate to make decisions, the only person who can overrule the husband is a court appointed guardian. If there is no guardian, then the husband decides.

Accordingly, the granddaughter can only decide if the husband himself is deemed incompetent by a court, and then the granddaughter is either named as guardian of her grandmother, or she is the next proxy after the husband. If the grandmother has siblings or children, then they would also be in front of the granddaughter with regard to making decisions.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 10 months ago.
sorry, i just got to my email. So, even if granddaughter has a signed health care proxy form it doesnt overrule the husband?
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

I'm not sure what the signed health care proxy states, or even who signed it, but unless the granddaughter has an advanced directive signed by the grandmother which expressly names her as surrogate to make decisions, then the husband makes the decisions. That is what the law states.

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