How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12205
Experience:  JD, MBA
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year 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 1 year 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 1 year 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 1 year 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.