Designation of Health Care Surrogate in Florida
Quick answer
A Florida designation of health care surrogate is a written Chapter 765 document that names someone to make health care decisions for you and/or receive your health information. People searching for a medical power of attorney in Florida are usually looking for this document. On ClickDocs the legal name is designation of health care surrogate. The financial durable power of attorney is separate under Chapter 709. Authority usually starts after incapacity, unless you choose immediate authority.
Who this is for
This page is for an adult who wants to name a Florida health care decision-maker, or someone who can receive health information for them. It is also for people who searched for a medical power of attorney in Florida and need the Chapter 765 name. You can have this document and a separate financial durable power of attorney for money and property.
Who this is not for
This page is not for someone who only needs a financial durable power of attorney. That is Chapter 709. It is not a living will product. It is not a county recording page. It is not legal advice on whether to sign, capacity, or which document controls if you have more than one.
How it works on ClickDocs
- Answer the ClickDocs questions for a Florida designation of health care surrogate.
- Preview the draft before checkout.
- After you have the document, it still needs your signature and two adult witnesses under Chapter 765. ClickDocs does not notarize it on this page.
- Give an exact copy to the surrogate.
Florida Statutes § 765.202, as checked on 2026-09-09, does not require a notary for the designation. If a notary is added later for hospital use, that needs attorney review.
Florida requirements
A designation of health care surrogate must be a written document that names a surrogate to make health care decisions and/or receive health information. It must be signed by you in the presence of two adult witnesses. If you cannot sign, another person may sign your name at your direction, in the presence of the witnesses.
The surrogate cannot be a witness. At least one witness must not be your spouse or a blood relative. You may name an alternate surrogate. Failure to name one does not invalidate the designation. An exact copy must be provided to the surrogate. Source: Florida Senate, § 765.202 (2026), checked 2026-09-09.
When authority starts
Authority usually starts after incapacity, under the physician process in § 765.204, unless you choose immediate authority. You may stipulate that authority to receive health information and/or make health care decisions is exercisable immediately. While you have capacity, your wishes control. Source: Florida Senate, § 765.204 (2026), checked 2026-09-09.
Suggested form
Florida Statutes § 765.203 provides a suggested form that may, but need not be, used. This health care surrogate document is not a statutory form. Source: Florida Senate, § 765.203 (2026), checked 2026-09-09.
What the document can and cannot do
It can name a surrogate to make health care decisions for you and to receive health information. Optional instructions about life-prolonging procedures need attorney review before exact product wording is final. It does not replace a financial durable power of attorney. It is not a living will by itself. It is not a statutory form.
Related documents
Designation of health care surrogate is Chapter 765. That is this page. Financial durable power of attorney is Chapter 709. That is a separate ClickDocs product. See the Florida durable power of attorney page and the Volusia County page when local recording facts matter. Living will and anatomical gifts stay related-only. ClickDocs keeps medical decisions off the financial form and ships this Chapter 765 companion instead.
Frequently asked questions
What is a Florida designation of health care surrogate?
It is a written Chapter 765 document that names someone to make health care decisions for you and/or receive your health information.
Is this the same as a medical power of attorney in Florida?
Many people search for a medical power of attorney when they want a health care decision-maker. On ClickDocs, that intent is answered on this page. The legal name used here is designation of health care surrogate. ClickDocs does not sell a product titled medical power of attorney.
Who is this for?
An adult who wants to name a Florida health care decision-maker or someone who can receive health information. You can also keep a separate financial durable power of attorney for money and property.
Who is this not for?
Someone who only needs a financial durable power of attorney, someone who wants a living will as this same product, or someone who needs county recording instructions for this document.
How does ClickDocs work for this document?
You answer the form questions, preview the draft, check out, then sign with two adult witnesses under Chapter 765. Give an exact copy to the surrogate. Use the health care surrogate form start, not the financial durable power of attorney start.
What are the signing and witness rules?
You sign in the presence of two subscribing adult witnesses. The designated surrogate cannot be a witness. At least one witness must not be your spouse or a blood relative. That is § 765.202.
When does the surrogate’s authority start?
By default, it generally ties to a determination that you lack capacity under § 765.204. You may stipulate immediate authority for health information and/or health care decisions. While you have capacity, your wishes control.
How does this relate to a financial durable power of attorney?
They are separate documents. Chapter 709 covers financial authority. Chapter 765 covers this health care designation. Florida law can allow health care authority in a durable power of attorney if it is specifically written in. ClickDocs keeps medical off the financial form and uses this companion for health care.
Why does ClickDocs keep medical off the financial form?
For product clarity, search clarity, and Chapter 765 witness rules. That is a product choice. It is not a statement that a Florida power of attorney cannot include medical authority.
What can this document do?
It can name a surrogate for health care decisions and for receiving health information. Optional immediate-effect and life-prolonging instruction choices need careful wording and attorney review where the product includes them.
What can this document not do?
It does not replace a financial durable power of attorney. It is not a living will by itself. It is not a statutory form. This page does not choose conflict outcomes for you.
What other documents are related?
Financial durable power of attorney under Chapter 709. Living will under Chapter 765 Part III. Anatomical gifts under Chapter 765 Part V. Keep them clearly separated.
Is this a statutory form?
No. § 765.203 suggests a form that may, but need not, be used. ClickDocs does not call this product a statutory form.
Where do I start the form?
Use /start?product=health-care-surrogate&state=florida. Do not use the financial durable power of attorney start.
ClickDocs is not a law firm. Using this page or the form does not create an attorney-client relationship. This page describes a Florida designation of health care surrogate under Chapter 765 and related statutes named above, checked on 2026-09-09. It is not legal advice. Talk to a Florida attorney before you rely on this document for capacity questions, life-prolonging instructions, mental health treatment designations, anatomical gifts, adding a notary, remote execution, or conflict priority if you also have a power of attorney with health care language. This page does not tell you that you should sign.