{"id":413643,"date":"2026-09-14T15:15:36","date_gmt":"2026-09-14T20:15:36","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=413643"},"modified":"2026-09-14T16:07:17","modified_gmt":"2026-09-14T21:07:17","slug":"designating-a-healthcare-surrogate-in-florida","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/designating-a-healthcare-surrogate-in-florida.html","title":{"rendered":"Designating a Healthcare Surrogate in Florida"},"content":{"rendered":"\n
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Designating a Healthcare Surrogate in Florida<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last tFlorida living wills are legal documents which communicate your healthcare decisions and end-of-life wishes if you become incapacitated or cannot speak for yourself. To make a valid living will in Florida, it must be signed by a competent adult and two witnesses.ime this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A healthcare surrogate<\/span> is a competent adult chosen by the principal<\/span> to make healthcare decisions<\/span> on their behalf. The principal<\/span> must name the surrogate in a Designation of <\/span>Healthcare Surrogate<\/span> document and sign in front of two competent witnesses<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you become unable to make medical decisions<\/span> on your own, someone will make them for you, whether or not you’ve planned for it. Without a\u00a0healthcare surrogate<\/span>\u00a0designation,\u00a0Florida law<\/span>\u00a0decides who that person is, and it may not be who you would have picked. It\u2019s important to designate a healthcare surrogate<\/span> to ensure that the person speaking on your behalf in medical emergencies is the person you actually trust to do so.<\/p>\n

If you\u2019re ready to put a plan in place, a\u00a0Florida estate planning attorney<\/span><\/a>\u00a0can draft your designation of <\/span>healthcare surrogate<\/span>. They can walk you through what authority to grant or limit, and make sure it lines up with your\u00a0living will<\/span>\u00a0and power of attorney so nothing conflicts if you are ever\u00a0incapacitated<\/span>.<\/p>\n

How Is a\u00a0Healthcare Surrogate<\/span>\u00a0Designation Different From a\u00a0Living Will<\/span>?<\/strong><\/h2>\n

A\u00a0living will<\/span>\u00a0and a\u00a0healthcare surrogate<\/span>\u00a0designation do different things. A\u00a0living will<\/span>\u00a0tells your doctors what treatments you want or don\u2019t want, usually for end-of-life care<\/span>. It covers whether you want\u00a0life-prolonging procedures<\/span>\u00a0if you have a\u00a0terminal illness<\/span>, an\u00a0end-stage condition<\/a>, or are in a persistent vegetative state.<\/p>\n

A surrogate designation lets you pick who will make\u00a0medical decisions<\/span>\u00a0if your\u00a0living will<\/span>\u00a0doesn\u2019t cover a situation. Medical choices aren\u2019t always straightforward. For example, if you have a complication after surgery that your\u00a0living will<\/span>\u00a0doesn\u2019t mention, your surrogate can decide based on what they know about your wishes. They can pull your medical records, ask your care team questions, and consider what they know about your values, even in a situation nobody planned for.<\/p>\n

Having both documents helps make sure your care matches your wishes when you can\u2019t speak for yourself. The\u00a0living will<\/span>\u00a0sets the limits, while the surrogate steps in for anything not covered. Most complete\u00a0incapacity<\/span>\u00a0plans include both a\u00a0living will<\/span>\u00a0and a\u00a0healthcare surrogate<\/span>\u00a0because each serves a different purpose.<\/p>\n

The Role of a\u00a0Healthcare Surrogate<\/span><\/strong><\/h2>\n

A\u00a0healthcare surrogate<\/span>\u00a0makes\u00a0medical decisions<\/span>\u00a0for you if you are unable to do so. They follow any advance directives<\/span> you have given, either in a\u00a0living will<\/span><\/a> or in conversations. If something comes up that you haven\u2019t addressed, your surrogate must act in your\u00a0best interest<\/span>, guided by your values and wishes. This may include agreeing to or refusing medical treatment<\/span>, choosing your primary physician<\/span> or health care facility<\/span>, and reviewing your medical records to make informed decisions.<\/p>\n

Your surrogate generally has broad authority over your medical care unless you limit it in writing. Some decisions always require your written permission or a court order. Without permission, your surrogate can\u2019t authorize any of the following:<\/p>\n