Terms Used In Florida Statutes > Chapter 765 > Part II - Health Care Surrogate

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attending physician: means the physician who has primary responsibility for the treatment and care of the patient while the patient receives such treatment or care in a hospital as defined in…. See Florida Statutes 765.101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care: means care, services, or supplies related to the health of an individual and includes, but is not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the individual's physical or mental condition or functional status or that affect the structure or function of the individual's body. See Florida Statutes 765.101
• Health care decision: means :
  (a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures and mental health treatment, unless otherwise stated in the advance directives. See Florida Statutes 765.101
• Health care facility: means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any facility subject to part I of chapter 394. See Florida Statutes 765.101
• Health information: means any information, whether oral or recorded in any form or medium, as defined in 45 C. See Florida Statutes 765.101
• incompetent: means the patient is physically or mentally unable to communicate a willful and knowing health care decision. See Florida Statutes 765.101
• Informed consent: means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence. See Florida Statutes 765.101
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Physician: means a person licensed pursuant to chapter 458 or chapter 459. See Florida Statutes 765.101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Primary physician: means a physician designated by an individual or the individual's surrogate, proxy, or agent under a durable power of attorney as provided in chapter 709, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Florida Statutes 765.101
• Principal: means a competent adult executing an advance directive and on whose behalf health care decisions are to be made or health care information is to be received, or both. See Florida Statutes 765.101
• provider: means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession. See Florida Statutes 765.101
• Proxy: means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to…. See Florida Statutes 765.101
• Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Florida Statutes 765.101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Surrogate: means any competent adult expressly designated by a principal to make health care decisions and to receive health information. See Florida Statutes 765.101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01