Healthcare Directive/Surrogate Documents - SailNet Community
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post #1 of 8 Old 03-06-2013 Thread Starter
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Healthcare Directive/Surrogate Documents

To anyone living in or acquainted with the rules/laws governing healthcare directives or surrogates in the BVI.

In July our 19 YO daughter will be joining my wife's cousin's family in the BVI for a two week charter to help look after their children. Our concern is how we/my daughter can give them the authority to authorize health care services/measures for her in the event that she becomes ill or is injured during her visit. I have sent inquiries to both the US Consulate for the BVI as well as various BVI Healthcare and governmental agencies concerning the matter without receiving any responses and I have spent several daze looking for information on the subject on the Internet but, thus far, I have not been able to come up with anything. If anyone has had any occasion to deal with this issue, I would appreciate any insight/suggestions.

On a worse case basis we will send her off with acknowledged healthcare directive and surrogate authorizations and HIPPA release forms from Florida, where we live, but I would prefer to have something that pertains, specifically, to the legal system in the BVI, just in case. (We have already purchased travel and emergency medical and evacuation service insurance coverage for her.)

Any contacts in the BVI or experienced insights will be appreciated.

s/v HyLyte

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post #2 of 8 Old 03-06-2013
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Re: Healthcare Directive/Surrogate Documents

Perhaps a medical POA (Power of Attorney)?
Medical Power of Attorney
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post #3 of 8 Old 03-06-2013
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Re: Healthcare Directive/Surrogate Documents

You need to contact an attorney in the BVI, if you want to be certain that any document you execute is valid there. Though, if you don't want to spend the money, my guess is that a medical power of attorney prepared in America will most likely be accepted.
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post #4 of 8 Old 03-06-2013 Thread Starter
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Re: Healthcare Directive/Surrogate Documents

Guys--

Thanks for the comments/suggestions. Of course, after posting my question, when I got home I discovered two emails from the authorities in the BVI had arrived. It seems all we need is an originally signed, notarized, letter authorizing my wife's cousin and/or his wife to act in our place while my daughter is in their care should the need arise. Evidently, the Regulations in the BVI are much less demanding/intrusive than those in the US in the same circumstances.

FWIW...

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post #5 of 8 Old 03-07-2013
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Re: Healthcare Directive/Surrogate Documents

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Originally Posted by svHyLyte View Post
Guys--

Thanks for the comments/suggestions. Of course, after posting my question, when I got home I discovered two emails from the authorities in the BVI had arrived. It seems all we need is an originally signed, notarized, letter authorizing my wife's cousin and/or his wife to act in our place while my daughter is in their care should the need arise. Evidently, the Regulations in the BVI are much less demanding/intrusive than those in the US in the same circumstances.

FWIW...
Actually that's exacally what would be required in the US as well.

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post #6 of 8 Old 03-07-2013
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Re: Healthcare Directive/Surrogate Documents

HyLyte, your daughter is 19.

Isn't she considered an adult at age 18? So that she would have to be the party signing the documents?

I don't know how the BVI consider that gray area between 18-21 but would suggest she is also a signatory to the documents, just in case.

I'd also suggest making two sets of originals, keep the second at home in case the first set goes astray, is lost with her luggage in transit, etc.

Last time I checked, in Florida the TD Bank branches kept notaries on staff and available to the general public at no charge. A very generous policy since many banks won't even lot their notary touch papers that are not "bank business".
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post #7 of 8 Old 03-07-2013
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Re: Healthcare Directive/Surrogate Documents

One further suggestion: Make sure your daughter knows about Robin Tattersol and the Bougainvilla clinic in Roadtown. A very skilled surgeon and a sailor besides!
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post #8 of 8 Old 03-07-2013 Thread Starter
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Re: Healthcare Directive/Surrogate Documents

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Originally Posted by hellosailor View Post
HyLyte, your daughter is 19.

Isn't she considered an adult at age 18? So that she would have to be the party signing the documents?

I don't know how the BVI consider that gray area between 18-21 but would suggest she is also a signatory to the documents, just in case.

I'd also suggest making two sets of originals, keep the second at home in case the first set goes astray, is lost with her luggage in transit, etc.

Last time I checked, in Florida the TD Bank branches kept notaries on staff and available to the general public at no charge. A very generous policy since many banks won't even lot their notary touch papers that are not "bank business".
There seems to be a question as to what constitutes the legal age of majority in the BVI but local authorities seemed to hold to the 21 threshold which is deterministic with respect to the authority of a designated legal guardian, temporary or otherwise. That said, we intend to have her sign a health care surrogacy form in favor of her cousin's as well as providing her, and them, with an original designation/delegation of authority to act in our name, place and stead as guardian should it become necessary.

Having had to deal with this issue on behalf of another, non-related, minor visiting us from France, within the US, the forms required in by domestic health care providers are quite specific, including HIPPA forms, without which they will not/can not (legally) tell you anything at all nor accept any instruction. A simple letter would have been all but worthless.

FWIW...

"It is not so much for its beauty that the sea makes a claim upon men's hearts, as for that subtle something, that quality of air, that emanation from the waves, that so wonderfully renews a weary spirit."
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