[AndrewC]

765.105 Review of surrogate or proxy's decision.--The patient's family, the health care facility, or the attending physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy's decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:

(1) The surrogate or proxy's decision is not in accord with the patient's known desires or the provisions of this chapter;

(2) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive;

(3) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;

(4) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties;

(5) The surrogate or proxy has abused powers; or

(6) The patient has sufficient capacity to make his or her own health care decisions.

[general_re]

LOL. Well, then, I guess you'd better explain how your Probate Attorney's Full Employment Act will create an "interested person who may reasonably be expected to be directly affected by the surrogate or proxy's decision". And assuming we get through those rapids, we can then contemplate the practical day-to-day effects of the scheme you're proposing. Basically, every incapacitated person automatically gets a court-appointed attorney, which, of course, the state will have to fund. Then, even better, that court-appointed attorney, a complete stranger to the family, now has effective veto power over the legal guardian by virtue of the fact that they're empowered to tie the guardian up in court from now until the end of time. Well, hell - why didn't you just say so? That's just the sort of intrusion that people will welcome with open arms, I'm sure. LOL. I think you should write your congressman and your state rep with that plan, and see if they don't drop it like a hot rock.