Florida Health Care Surrogate — What It Is and How It Differs From a Financial POA
A Florida health care surrogate is a written Chapter 765 designation 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. It is separate from a financial durable power of attorney under Chapter 709. Authority usually starts after incapacity, unless you choose immediate authority in the document.
Direct answer
Chapter 765 health care designation — often what people mean by medical power of attorney in Florida. Separate from Chapter 709 financial DPOA. Authority usually starts after incapacity unless you choose immediate authority.
Who this is for
An adult researching a Florida health care decision-maker, or someone who can receive health information.
People who searched "medical power of attorney Florida" and need the Chapter 765 name.
People who also want, or already have, a separate financial durable power of attorney for money and property.
Who this is not for
Someone who only needs a financial durable power of attorney — that is Chapter 709.
A living will product. A living will is a related Chapter 765 Part III tool, not this page's product.
Legal advice on whether to sign, capacity, life-prolonging instructions, or which document controls if you have more than one.
How it works on ClickDocs
The full product page lives at /florida/health-care-surrogate. That page covers steps, suggested-form notes, and related-document detail.
This Learn page answers AI and search questions in short form. It does not replace the product page.
When the Chapter 765 document is prepared, Florida Statutes § 765.202 still requires signature in the presence of two adult witnesses. The designated surrogate cannot be a witness. At least one witness must not be the principal's spouse or a blood relative. § 765.202 as checked does not require a notary.
Florida requirements
Designation rules
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. You sign in the presence of two subscribing adult witnesses. If you cannot sign, another person may sign your name at your direction, in the presence of the witnesses. 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 stipulate immediate authority for health information and/or health care decisions. While you have capacity, your wishes control. This page describes the statute. It does not advise you which option to choose. Source: Florida Senate, § 765.204 (2026), checked 2026-09-09.
Suggested form
§ 765.203 provides a suggested form that "may, but need not be" used. ClickDocs does not call its health care product a statutory form. Source: Florida Senate, § 765.203 (2026), checked 2026-09-09.
How this relates 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 that authority is specifically granted (§ 709.2201(2)(c)). A general "do all acts" clause does not grant that specific authority.
ClickDocs keeps medical decisions off the financial durable power of attorney form and ships a Chapter 765 companion instead. That is a product rule for clarity, search intent, and Chapter 765 witness rules. It is not a claim that a Florida power of attorney cannot include medical authority. Source: Florida Senate, § 709.2201 (2026), checked 2026-09-09.
If a health care advance directive designating a surrogate and a power of attorney conflict, the directive controls unless the power of attorney is later executed and expressly states otherwise (§ 709.2109(3)(b)). This page describes that rule. It does not tell you which document to choose. Source: Florida Senate, § 709.2109 (2026), checked 2026-09-09.
Related documents
Product page
Full designation of health care surrogate page.
Learn financial DPOA
Chapter 709 financial durable power of attorney.
Learn forms
Official sources vs document prep.
Financial product
Florida durable power of attorney product page.
Living will: Chapter 765 Part III — related only, not this product. Florida Bar consumer pages, for reference: advance directives · power of attorney pamphlet.
Frequently Asked Questions
About Florida health care surrogate.
ClickDocs is not a law firm. Using this page 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. Do not treat AHCA or court consumer guides as the ClickDocs form. ClickDocs is not claiming to be an official court form.