Caring for a family member comes with major responsibilities. You look after their health and safety. Florida has laws that give you certain rights to help you do this job well and protect you from legal issues. Many families are not aware of these rules, but knowing them can help you avoid problems down the road.
Authority for Medical Decisions
Privacy laws prevent doctors from sharing information unless they have permission. To get access, you need the right paperwork. In Florida, a Health Care Surrogate form is best because it names you as a healthcare decision-maker and lets you see medical records. It also allows you to accept or refuse treatments for your loved one. Verbal agreements are not enough—doctors need written proof. For financial matters, you will need a Power of Attorney. Most caregivers need both documents.
Managing Finances Correctly
Bills can add up fast, so you need access to your loved one’s bank accounts. With a regular bank account, unless you are a joint owner or authorized user, you cannot sign checks for them. That is why you need a Durable Power of Attorney. This document stays valid even if the person becomes unable to make decisions. Florida has strict rules for how this must be written, and generic forms often do not work—banks may reject them. A lawyer can prepare the right document, giving you the authority to pay debts and manage assets.
Liability and Employment Rules
Accidents can happen, and many caregivers worry about being sued if a patient falls or gets hurt. Negligence claims are a real risk, but you can protect yourself by keeping detailed records of everything you do. Write down when you give medications and note any changes in your loved one’s condition. Having a formal Personal Care Agreement is also a good idea. It puts your duties in writing and shows that you acted properly.
Caregivers have their own needs, too. If you are working, it can be hard to balance your job and caregiving. The Family and Medical Leave Act (FMLA) can help by giving eligible employees up to 12 weeks of unpaid leave, with their jobs protected during that time. Check with your company’s HR department to see if you qualify.
Secure Legal Support Today
Legal problems can be stressful, but you do not have to handle them by yourself. If your relative cannot make safe decisions, guardianship may be an option. This process goes through the court and requires strong evidence. At Luhrsen Goldberg LLC, we understand the Florida court system and support caregivers. We can review your documents and protect your rights. Call our office to set up a consultation.
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