What Is a Health Care Surrogate in Florida?
A Health Care Surrogate Designation answers a simple but critical question: Who speaks for you if you can’t speak for yourself?
If you’re ever unconscious, sedated, or otherwise unable to make medical decisions, this document gives someone you trust the legal authority to step in and make those decisions for you. Florida law allows any competent adult to name a health care surrogate in writing.
Without this document, doctors may be forced to rely on default rules, family disagreements, or even court involvement. With it, your wishes—and your voice—are clear.
How a Health Care Surrogate Works with a Living Will
Many people confuse a Living Will with a Health Care Surrogate, but they serve different (and complementary) purposes.
A Living Will generally focuses on end-of-life decisions—things like life support, artificial nutrition, or resuscitation preferences. A Health Care Surrogate, on the other hand, covers the entire range of medical decisions that may come up if you’re unable to decide for yourself.
Your surrogate can:
Talk directly with doctors and hospitals
Approve or refuse treatment
Access medical records and test results
Make decisions about surgery, medication, or long-term care
Think of it this way:
Your Living Will gives instructions.
Your Health Care Surrogate gives those instructions a voice.
When the two documents are drafted together, they work smoothly and avoid confusion.
Is a Health Care Surrogate the Same as a Medical Power of Attorney?
You’ll often hear terms like health care proxy or medical power of attorney. While those phrases are common, Florida law uses the specific term “health care surrogate.”
That matters because Florida has its own rules about how the document must be written and signed. Forms designed for other states—or downloaded online—often don’t meet those requirements.
When a medical emergency happens, hospitals look closely at these documents. If something is missing or unclear, they may hesitate to act. That’s exactly the situation most people are trying to avoid.
Choosing the Right Person
Florida only requires that your surrogate be an adult, mentally capable, and willing to serve. The real decision is choosing someone who can actually handle the role.
For many people, that’s a spouse or adult child. For others, it’s a trusted friend or relative. Florida also allows you to name a backup (successor) surrogate in case your first choice is unavailable.
When deciding, ask yourself:
Will this person be reachable in an emergency?
Do they understand my values and wishes?
Can they stay calm if decisions are difficult or emotional?
The best choice isn’t always the closest family member. It’s the person most likely to carry out your wishes—even under pressure.
When Does the Surrogate’s Authority Begin?
Florida gives you flexibility here.
You can choose to:
Allow your surrogate to act immediately, even while you are still capable, or
Limit their authority to situations where a physician determines you are incapacitated
Many clients choose immediate authority. That approach avoids delays if quick decisions are needed and allows your surrogate to help with medical logistics even if you’re temporarily unable to communicate.
This is a personal decision, and there’s no one-size-fits-all answer.
Legal Requirements in Florida
To be valid, a Health Care Surrogate Designation must:
Be in writing
Be signed by you
Be witnessed by two adults, at least one of whom is not your surrogate
Notarization is optional, but often recommended to reduce the risk of challenges later.
While Florida provides a sample form, small mistakes—missing witnesses, unclear authority, or conflicting language—can cause big problems at the worst possible time.
Why This Document Matters
A Health Care Surrogate Designation does more than check a legal box. It:
Reduces stress on loved ones
Prevents family disagreements
Allows doctors to act without delay
Ensures your wishes are respected
In medical emergencies, uncertainty creates confusion. This document provides clarity—exactly when it’s needed most.