How to Designate a Health Care Surrogate in Florida
A medical emergency can leave families scrambling, unsure who should make decisions when a loved one can’t speak for themselves. In Florida, you can prevent that stress by designating a health care surrogate—someone you trust to handle medical choices on your behalf.
This simple but powerful document ensures your wishes are respected, treatment isn’t delayed, and your family avoids painful disputes. It’s especially important if you’re aging, managing a health condition, or simply want peace of mind about the future.
At Southron Firm, P.A., we prepare legally valid health care surrogate designations that follow Florida law and reflect your personal wishes. We handle the details so you and your family can focus on what matters most—your health and well-being.
If you’ve been wondering how to designate a health care surrogate in Florida, the answer is simple: with the right estate planning attorney, the process is clear, legally sound, and provides lasting protection for you and your family.
Make sure your medical wishes are honored—start now.
What Is a Health Care Surrogate in Florida?
A health care surrogate is a trusted person you legally appoint to make medical decisions if you are unable to do so yourself. Florida law, under Section 765.202 of the Florida Statutes, allows any competent adult to designate a surrogate in writing. This person becomes your voice in critical moments, making sure doctors and hospitals follow your wishes.
Unlike a living will, which only outlines end-of-life treatment preferences, a health care surrogate has broader authority. Depending on the powers you grant, your surrogate may:
- Approve or refuse medical treatment on your behalf
- Access and review your medical records
- Communicate directly with your doctors and care providers
- Make decisions about surgery, medication, or long-term care arrangements
This flexibility makes the designation of a health care surrogate one of the most important estate planning steps you can take in Florida.
Many people ask whether a health care surrogate is the same as a health care proxy or a medical power of attorney. While these terms are sometimes used interchangeably, Florida law specifically uses the term health care surrogate. The legal requirements for creating one are unique to our state, and an attorney can make sure your document meets those requirements so it’s valid when needed.
At Southron Firm, P.A., we help clients throughout Florida create health care surrogate designations that not only comply with the law but also reflect their personal values, beliefs, and medical preferences.
Who Can You Choose as Your Health Care Surrogate in Florida?
Choosing the right health care surrogate is one of the most personal and important decisions in your estate planning process.
Florida law sets some basic requirements, your surrogate must be:
- At least 18 years old
- Mentally capable of understanding the role
- Willing to act in your best interests
Beyond those legal requirements, the real challenge is deciding who you can trust to step into this role during a medical crisis. For most people, the surrogate is a spouse, an adult child, a close friend, or a trusted family member. Florida law also allows you to name a successor surrogate—someone who can step in if your first choice is unable or unwilling to serve when the time comes.
When choosing your surrogate, think carefully about their:
- Availability: Will they be reachable quickly in an emergency?
- Judgment: Do they understand your medical wishes and values well enough to make decisions you would make for yourself?
- Reliability under pressure: Can they stay calm and make difficult choices even if family members disagree?
These aren’t easy questions, but they matter. For example, if your spouse struggles under stress, or if your adult children disagree frequently, you may want to choose someone outside of your immediate family who can remain objective and carry out your wishes.
At Southron Firm, P.A., we often guide clients through these sensitive decisions. We help you weigh your options, avoid common pitfalls, and document your surrogate selection in a way that reduces the risk of conflict later.
Ensure your family never faces uncertainty.
Florida Health Care Surrogate Requirements
To be legally valid, a designation of health care surrogate in Florida must meet specific requirements set out in state law. These rules are designed to protect you and ensure your surrogate has the authority to act when needed.
The healthcare surrogate document must include:
- A written form: The designation must be in writing; verbal instructions are not enough.
- Your signature: You, as the principal, must sign the document to make it official.
- Two witnesses: Two competent adults must witness your signature. At least one of them cannot be the person you’ve named as your surrogate.
- Optional notarization: Florida law does not require notarization, but many clients choose to notarize the form to avoid future disputes and strengthen its validity.
One key decision is when your surrogate’s authority begins. Florida law gives you two options:
- You can allow your surrogate to act immediately, even while you are still capable of making your own decisions.
- Or you can limit their authority to situations where you are deemed incapacitated by a physician.
Many clients prefer to grant immediate authority, since it avoids delays caused by waiting for a formal incapacity determination. This ensures your surrogate can step in quickly if urgent medical decisions are needed.
While the state provides a sample health care surrogate form through the Florida Agency for Health Care Administration, relying on a generic template can be risky. Small errors—such as missing witness signatures or unclear instructions—can invalidate the document or cause conflict when your family needs clarity most.
At Southron Firm, P.A., we prepare customized surrogate designations that not only meet Florida’s legal requirements but also reflect your personal preferences, giving you confidence that your wishes will be honored.
How to Designate a Health Care Surrogate in Florida
The process of creating a health care surrogate designation in Florida is not complicated, but it must be done correctly to be legally valid and useful in a medical emergency. At Southron Firm, P.A., we guide clients through every step with care and clarity:
- Initial Consultation: We begin by learning about your medical preferences, family dynamics, and concerns. Some clients want their surrogate to have immediate authority; others prefer authority to begin only if they’re incapacitated. We take time to discuss your wishes, explain your options under Florida law, and help you choose the right surrogate and successor surrogate.
- Drafting the Document: Our attorneys prepare a legally valid designation of health care surrogate that complies with Florida Statutes and reflects your personal values. Unlike generic online forms, we tailor the document to your situation—whether that means limiting your surrogate’s powers, addressing unique family circumstances, or coordinating it with your other estate planning documents.
- Signing and Witnessing: Florida requires that the document be signed in front of two witnesses, one of whom cannot be your surrogate. We make sure this step is handled properly, so your designation cannot be challenged later. If you choose, we also arrange for notarization to add an extra layer of validity.
- Distribution of Copies: After the document is signed, we prepare copies for you, your surrogate, and your health care providers. We also recommend providing a copy to your primary care physician and keeping one in your medical records. This way, your surrogate’s authority is clear to everyone who may need it.
- Safe Storage and Accessibility: Finally, we advise clients to keep the original document in a secure but accessible location—not in a locked safe deposit box that can’t be reached quickly. Many clients also keep a digital copy on their phone or health records app, so it’s immediately available in an emergency.
By walking you through each step and handling the legal details, our attorneys give you the confidence that your surrogate designation will stand up when it matters most.
Why a Health Care Surrogate Matters
A health care surrogate is more than a legal form—it is a safeguard for your wishes and a source of clarity for your family during stressful medical situations. Without a designated surrogate, families can face confusion, disagreement, and delays that may affect your care.
Having a legally recognized surrogate ensures that:
- Family disputes are avoided
- Doctors can act quickly
- Your voice is respected
At Southron Firm, P.A., we help Florida clients create health care surrogate designations that prevent situations like this. Our attorneys guide you through the legal requirements, discuss difficult decisions in a supportive environment, and make sure your wishes are clearly documented so your family and medical team can act with confidence.
How Our Attorneys Can Help You With Your Health Care Surrogate Designation
At Southron Firm, P.A., we guide Florida residents through every step of creating a legally valid health care surrogate designation. This is about more than completing a form—it’s about protecting your voice, your health, and your family during critical medical moments.
We start by understanding your medical preferences, family situation, and whether your surrogate should have immediate authority or only act if you become incapacitated. We also help you choose a successor surrogate to avoid gaps in decision-making.
Our attorneys draft a customized designation that meets all Florida legal requirements and integrate it with other key estate planning documents, including:
- Living Will – Outlines end-of-life care preferences.
- Durable Power of Attorney – Handles financial and legal matters if you can’t.
- HIPAA Release – Grants your surrogate access to medical records and communication with providers.
This coordinated approach reduces confusion, prevents family disputes, and ensures your wishes are followed exactly. Medical emergencies can happen at any time. With a properly executed health care surrogate designation, you gain peace of mind knowing your decisions will be respected. At Southron Firm, P.A., we make the process clear, straightforward, and supportive.
Secure your health care surrogate now.