A Florida health care surrogate is the person you name in writing to make medical decisions when you cannot. You sign before two adult witnesses, at least one of whom is not your spouse or a blood relative, and your surrogate may not be a witness (section 765.202). Without one, Florida law picks a decision maker for you.
Medical emergencies rarely come with warning. A car accident, a stroke or a sudden illness can leave you unable to understand your options or tell your doctors what you want. In that moment, the people around you need to know who has the authority to make decisions. A health care surrogate designation answers that question in writing.
What a health care surrogate does
A health care surrogate is the person you name to make health care decisions for you when you are unable to make them yourself. Your surrogate can talk with your medical team, review your options and give or refuse consent to treatment on your behalf, guided by what you would want. Decisions you make yourself while you have capacity still come first.
Health care surrogates are governed by chapter 765 of the Florida Statutes. The designation is separate from your Florida durable power of attorney, which covers money and property, not medical care.
What happens if you do not name a surrogate
Florida does not leave the question open. When a patient cannot decide and has no surrogate, section 765.401 lists who may act as a health care proxy, in this order, moving down the list only when no one in an earlier group is reasonably available, willing or competent:
- A court appointed guardian authorized to consent to medical treatment.
- Your spouse.
- An adult child, or a majority of your adult children who are reasonably available.
- A parent.
- An adult sibling, or a majority of your adult siblings who are reasonably available.
- An adult relative who has shown special care and concern for you and knows your beliefs.
- A close friend.
- In limited cases, a licensed clinical social worker or a graduate of a court approved guardianship program, selected by the provider's bioethics committee.
That order may not reflect who you trust most. A partner you are not married to, a friend who knows your wishes or one particular child may be the right person for you, and only a written designation puts that choice in your hands. Requiring a majority of adult children or siblings to agree can also slow decisions when time matters.
How it must be signed
Section 765.202 sets out how a health care surrogate designation is made:
- You sign it in front of two adult witnesses. If you cannot sign, you may direct another person to sign for you in the witnesses' presence.
- At least one witness may not be your spouse or a blood relative.
- The person you name as surrogate may not act as a witness.
- An exact copy of the signed designation must be provided to your surrogate.
A notary is not required. We arrange qualified witnesses at your signing and give you copies to share, so the document is valid and easy to find when it is needed.
Naming an alternate surrogate
Under section 765.202(3), you may name an alternate who can act if your first choice is not willing, able or reasonably available. The designation must say so explicitly. If neither your surrogate nor your alternate can act, the health care facility may seek a proxy under the order described above. Naming an alternate is one of the simplest ways to keep the decision with people you chose.
Divorce and your surrogate
Under section 765.104(2), a divorce or annulment revokes the designation of your former spouse as your surrogate, unless the designation or the court's order says otherwise. If your former spouse was your only surrogate, you may have no surrogate at all after a divorce. Review your health care documents whenever your family changes.
Choosing your surrogate
The right person is someone who will follow your wishes even if they would choose differently for themselves. When you decide, think about whether the person:
- Knows you well and understands your values.
- Can stay calm and speak up in a hospital setting.
- Lives close enough, or is available enough, to be there when needed.
- Is willing to take on the role, after you have talked it through together.
Before you sign, tell your surrogate how you feel about life support, pain management, hospital care and your priorities if you become seriously ill. Those conversations make the role easier and help your surrogate act with confidence.
How we help
At a free consultation we explain what a surrogate can and cannot do, prepare a designation that names your surrogate and an alternate, supervise the signing with qualified witnesses and suggest who should receive copies. Most clients sign this document as part of a complete estate plan with a will or revocable living trust.
