Medical power of attorney in Florida: how it works, how to sign
The short answer
In Florida, a medical power of attorney is called a Designation of Health Care Surrogate. You sign it in front of two adult witnesses, and no notary is needed. Your surrogate can't be a witness, and one witness must be neither your spouse nor a blood relative. If you name nobody, Florida law picks a proxy from a set list.
If you couldn't speak for yourself in a hospital, who would talk to the doctor? In Florida, the answer depends on whether you signed one short document.
Florida doesn't use the phrase "medical power of attorney" in its statutes. It calls the document a Designation of Health Care Surrogate, and the person you name is your health care surrogate. This page explains how it works, how to sign it, and what happens if nobody is named. It is part of our guides to estate planning in each state. For the general idea, see what a medical power of attorney is.
What is a health care surrogate?
Your health care surrogate is the person who makes medical decisions for you when you can't make them yourself. You can also name an alternate surrogate, a backup who steps in if your first choice can't (Fla. Stat. s. 765.202).
By default, your surrogate's authority starts when your primary physician determines you can't make your own decisions. You can choose instead to make it effective right away, which some people like so their surrogate can talk with doctors alongside them. The designation lasts until you revoke it, unless it names an end date.
Florida has a suggested form that you may use but don't have to (Fla. Stat. s. 765.203). It has boxes to initial for:
- Receiving your health information.
- Making all health care decisions for you.
- Anatomical gifts (organ donation).
- Making the designation effective immediately.
How do you sign it?
The rules are simpler than for a financial document. From Fla. Stat. s. 765.202:
- You sign in front of two adult witnesses, who also sign.
- No notary is required.
- Your surrogate can't be one of the witnesses.
- At least one witness must be neither your spouse nor a blood relative.
- An exact copy must be given to your surrogate.
That last step is easy to forget. Give a copy to your alternate and your doctor too, and keep one where it can be found quickly.
Compare that with a Florida financial power of attorney, which needs two witnesses and a notary. Our guide to power of attorney in Florida covers that document.
What about a living will?
A living will is a separate document. It says what you want if you have a terminal condition, an end-stage condition or are in a persistent vegetative state. It can ask that life-prolonging procedures be provided, withheld or withdrawn (Fla. Stat. s. 765.302).
The signing is similar: two witnesses, one of whom is neither your spouse nor a blood relative, and no notary. If you physically can't sign, one witness may sign your name in your presence and at your direction. It is up to you to tell your primary physician that you have one. Florida has a suggested living will form as well, which you may use but don't have to (Fla. Stat. s. 765.303).
The two documents work together. The surrogate designation names who speaks for you. The living will tells them, and your doctors, what you'd want. Our post on a health care power of attorney vs a living will explains why most people have both.
Who decides if nobody is named?
Florida law picks someone, called a "proxy." If you have no advance directive or surrogate, or your surrogate and alternate aren't available, decisions go to the first available person or group in this order (Fla. Stat. s. 765.401):
| Order | Who decides |
|---|---|
| 1 | A court-appointed guardian authorized to consent to treatment (no guardianship is required first) |
| 2 | Your spouse |
| 3 | An adult child, or a majority of the adult children reasonably available |
| 4 | A parent |
| 5 | An adult sibling, or a majority of the adult siblings reasonably available |
| 6 | An adult relative who has shown special care and concern and kept regular contact |
| 7 | A close friend |
| 8 | A licensed clinical social worker or a court-approved guardianship program graduate, chosen by the provider's bioethics committee |
A close friend can serve, but only after every listed relative. The friend must be 18 or older and give the facility or physician an affidavit. It says they are a friend, are willing and able to help with your care, and have kept in touch closely enough to know your health and beliefs (Fla. Stat. s. 765.101).
There is one more safeguard. A proxy's decision to withhold or withdraw life-prolonging procedures must be backed by clear and convincing evidence of what you would have chosen. If that isn't known, it must be backed by evidence of your best interest.
Here is a typical case, a composite. Margaret is 74, widowed, and lives in Naples. Her nephew in Michigan is her closest relative. Her friend Ruth, who lives two doors down and has the spare key, knows her far better. Without a document, the nephew comes first. With a signed designation, Ruth is the surrogate and the nephew is the alternate.
Our post on medical decisions without a power of attorney explains how default lists work in general, and the 50-state guide to default decision-makers compares Florida with other states.
Who should I name?
Florida's statute sets the witness rules, but the choice of person is yours. A few questions help:
- Could they get to the hospital within a few hours?
- Would they follow your wishes even if they'd choose differently?
- Can they stay calm and ask doctors good questions?
- Who is the alternate, if your first choice is traveling or ill?
Our post on how to choose a medical power of attorney has more questions to ask.
A Kinly membership includes a medical power of attorney written for Florida law, and the team is on call 24/7/365 with your plan in front of them. You can read how it works. If you're updating your documents, the guide to Florida probate and small estates covers what happens later.
Common questions
Does a Florida health care surrogate designation need a notary?
No. It needs your signature in front of two adult witnesses. Your surrogate can't be a witness, and at least one witness must be neither your spouse nor a blood relative.
Is a health care surrogate the same as a medical power of attorney?
Yes, in practice. Florida's statutes call the document a Designation of Health Care Surrogate. Other states use names like medical power of attorney or health care proxy for the same idea.
Who makes medical decisions in Florida if I haven't named anyone?
A proxy chosen from a list in Florida law. It starts with a court-appointed guardian, then your spouse, adult children, parents and adult siblings, then other relatives, then a close friend.
Can a friend make medical decisions for me in Florida?
Yes. You can name a friend as your health care surrogate, and they come first. Without a designation, a close friend can still serve as proxy, but only after all listed relatives and only with a signed affidavit.
When does my health care surrogate start making decisions?
By default, when your primary physician determines you can't make your own decisions. You can choose on the form to make the designation effective immediately instead.
Sources
- Fla. Stat. s. 765.101: Definitions, including close personal friend (Florida Legislature)
- Fla. Stat. s. 765.202: Designation of a health care surrogate (Florida Legislature)
- Fla. Stat. s. 765.203: Suggested form of designation (Florida Legislature)
- Fla. Stat. s. 765.302: Procedure for making a living will (Florida Legislature)
- Fla. Stat. s. 765.303: Suggested form of a living will (Florida Legislature)
- Fla. Stat. s. 765.401: The proxy (Florida Legislature)
This page is general information, not legal or financial advice. Laws vary by state.