Medical Power of Attorney in Florida
How to name a health care agent in Florida: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). Fla. Stat. §§ 765.202, 765.203
| Medical power of attorney | Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. An exact copy goes to the surrogate. An alternate surrogate may be named. Florida law provides a suggested designation form; notarization is not required. Source: Fla. Stat. §§ 765.202, 765.203 |
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| Health care directive | Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both. |
| Living will / advance directive | Any competent adult may make a living will directing that life-prolonging procedures be provided, withheld or withdrawn if they have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It must be signed in the presence of two subscribing witnesses, at least one of whom is neither the spouse nor a blood relative. If the person cannot sign, one witness signs the person's name in their presence and at their direction. The person is responsible for telling their primary physician the living will exists. Florida law provides a suggested living will form; notarization is not required. Source: Fla. Stat. §§ 765.302, 765.303 |
| Official power of attorney forms | Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate." Health care surrogate form: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.203.html Source: Fla. Stat. 709.2105; 765.203 |
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FAQ
How do I make a medical power of attorney in Florida?
Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. An exact copy goes to the surrogate. An alternate surrogate may be named. Florida law provides a suggested designation form; notarization is not required.
What are the requirements for a health care directive in Florida?
Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both.
How do I make a living will in Florida?
Any competent adult may make a living will directing that life-prolonging procedures be provided, withheld or withdrawn if they have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It must be signed in the presence of two subscribing witnesses, at least one of whom is neither the spouse nor a blood relative. If the person cannot sign, one witness signs the person's name in their presence and at their direction. The person is responsible for telling their primary physician the living will exists. Florida law provides a suggested living will form; notarization is not required.
Where can I get a power of attorney form in Florida?
Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate."
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.