Healthcare Surrogacy and HIPAA Authorization: The Documents Wakulla Families Can’t Afford to Overlook

By Sean Gellis, Founding Attorney at Wakulla Legacy

Here in Wakulla County, we take pride in our self-reliance. Whether it’s fixing our own boats, growing our own gardens, or simply knowing how to navigate the backwaters without GPS, there’s something about handling things ourselves that runs deep in our local culture.

But what happens when we can’t handle things ourselves?

I’ve sat across kitchen tables from countless Wakulla families who’ve meticulously planned their wills and financial affairs, yet overlooked two critical documents that could prove just as important as anything else in their estate plan: the Healthcare Surrogate Designation and HIPAA Release & Authorization.

What Are These Documents?

Let’s break these down into plain English:

Healthcare Surrogate Designation: This document names the person you trust to make medical decisions on your behalf if you’re unable to communicate your wishes. Think of it as appointing your medical spokesperson.

HIPAA Release & Authorization: This document allows healthcare providers to share your medical information with specific people you designate. Without it, even close family members might be denied information about your condition.

The Gap in Most Estate Plans

Most people understand why they need a will. They know why powers of attorney matter for financial decisions. But healthcare documents? Those often fall through the cracks.

“I trust my family to figure it out,” I hear clients say. Or, “The doctors will do what’s best for me.”

Unfortunately, without proper documentation, neither your family nor your doctors may have the legal authority to act as you would wish.

Real Scenarios Where These Documents Matter

Let me share some real-life situations (with names and details changed) where these documents proved critical for Wakulla families:

The Fishing Trip Emergency

Mike and his son Jason were 20 miles offshore when Mike experienced stroke symptoms. Rushed to Tallahassee Memorial, Mike couldn’t communicate. Jason, though present and concerned, couldn’t access his father’s medical history or participate in treatment discussions without a HIPAA authorization. Doctors made decisions without family input or knowledge of Mike’s previous health conditions.

The College Student Crisis

Emma, a 19-year-old attending FSU, was in a car accident on her way home to Panacea. As a legal adult, her parents had no automatic right to her medical information or decision-making. Despite paying for her healthcare and having her on their insurance, they were legally strangers to her medical care until emergency court proceedings granted them temporary authority—48 stressful hours later.

The Snowbird Situation

The Johnsons spend winters in their Shell Point home. When Mr. Johnson needed unexpected surgery, their daughter from Michigan flew down to help. Despite being the only family member present, she couldn’t authorize treatment changes or even get updates on her father’s condition without proper documentation.

Why “Next of Kin” Isn’t Enough

Florida law doesn’t automatically grant decision-making authority to spouses or adult children. Without a healthcare surrogate designation, healthcare providers must follow a statutory hierarchy to determine who can make decisions, which might not align with your preferences.

Even worse, if family members disagree, medical decisions can end up in court—adding legal proceedings to an already stressful medical situation.

HIPAA: More Restrictive Than You Might Think

The Health Insurance Portability and Accountability Act (HIPAA) was designed to protect patient privacy. While important, these protections can become barriers during emergencies.

Without a HIPAA release, healthcare providers cannot legally share your:

• Diagnosis and prognosis
• Test results
• Treatment options
• Medication information
• Even whether you’ve been admitted to their facility

I’ve seen spouses married for decades denied basic information about their loved one’s condition because no HIPAA authorization was in place.

Beyond Emergencies: Everyday Healthcare Management

These documents aren’t just for life-threatening emergencies. Consider:

• Routine appointments: Having a trusted person who can discuss your healthcare when you can’t make it to an appointment
• Prescription management: Allowing someone to handle medication issues on your behalf
• Insurance matters: Enabling a family member to sort out billing problems or coverage questions

For our Wakulla seniors who might need assistance navigating healthcare but aren’t incapacitated, these authorizations provide flexibility without surrendering independence.

Creating These Documents: Simpler Than You Think

Despite their importance, healthcare surrogate designations and HIPAA authorizations are relatively straightforward documents. At Wakulla Legacy, we’ve simplified the process to make these protections accessible to every county resident.

The documents should:

• Clearly identify your chosen healthcare surrogate (and alternates)
• Specify exactly who can receive your medical information
• Include contact information for all named individuals
• Be properly witnessed and notarized
• Comply with Florida’s specific requirements

Who Should Have Copies?

Once created, these documents should be shared with:

• Your primary care physician
• Local hospitals
• Your named healthcare surrogate
• Close family members
• Your estate planning attorney

We recommend our clients keep digital copies accessible on their phones and provide wallet cards with key information for emergency situations.

Special Considerations for Wakulla Families

Our county’s unique character creates special considerations:

• Distance from major medical facilities: With specialized care often requiring trips to Tallahassee or beyond, having clear documentation becomes even more important
• Outdoor activities: Our community’s love for fishing, hunting, and watersports increases the likelihood of emergency situations away from home
• Tight-knit families: Many assume close family relationships supersede legal requirements—they don’t

Getting Started

Every adult in Wakulla County needs these documents—not just seniors. College students, young adults, married couples, and especially those with complicated family structures should prioritize having proper healthcare directives in place.

At Wakulla Legacy, we include these essential documents in all our estate planning packages because we believe they’re just as important as wills and trusts. We’ve made the process simple, affordable, and specifically tailored to our community’s needs.

Conclusion: Peace of Mind Through Preparation

As a Wakulla County resident myself, I understand our community’s independent spirit. But true self-reliance includes preparing for situations where we might need others to act on our behalf.

Creating healthcare surrogate designations and HIPAA authorizations isn’t about surrendering control—it’s about extending your voice and values into situations where you otherwise might not be heard.

Don’t wait for a medical crisis to discover these gaps in your estate plan. Contact Wakulla Legacy today to ensure your healthcare wishes are legally protected.

This blog post provides general information and shouldn’t be considered legal advice. For guidance specific to your situation, please schedule a consultation with Wakulla Legacy.

Sean Gellis is the founding attorney of Wakulla Legacy, a division of Gellis Law, PLLC focused exclusively on providing estate planning services to Wakulla County residents. After making Wakulla County his home five years ago, Sean created Wakulla Legacy to offer local, accessible estate planning services to his neighbors without the drive to Tallahassee.